Opinion
No. 570530/11.
02-25-2016
MEGAN HOLDING, LLC, Petitioner–Landlord–Appellant, v. Julie CONASON and Geoffrey Bryant, Respondents–Tenants–Respondents.
Opinion
Order (Alexander M. Tisch, J.), entered September 18, 2015, insofar appealed from, affirmed, with $10 costs.
Civil Court providently exercised its discretion in denying the judgment debtor landlord's motion for a protective order with respect to a subpoena for landlord's examination (see CPLR 5240 ; Guardian Loan Co. v. Early, 47 N.Y.2d 515, 519 [1979] ). Unlike the disputed subpoenas previously served and subsequently withdrawn by tenants (see Megan Holding, LLC v. Conason, 44 Misc.3d 135[A], 2014 N.Y. Slip Op 51207[U] [App Term, 1st Dept 2014] ), the instant subpoena was directed to the landlord and sought matter relevant to the satisfaction of the money judgment against said landlord (see Rozzo v. Rozzo, 274 A.D.2d 53, 55–56 [2000] ). Nor is the subpoena overly broad, or intended primarily as harassment (see Fiore v. Oakwood Plaza Shopping Ctr., 178 A.D.2d 311 [1991], appeal dismissed 80 N.Y.2d 826 [1992] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.