Opinion
1337N
June 11, 2002.
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered December 10, 2001, which, in an action for legal malpractice based on defendants attorneys' alleged failure to proceed with an inquest or otherwise prosecute a default judgment in favor of plaintiff and against nonparty appellant, denied nonparty appellant's motion to quash a subpoena served on him by defendants attorneys seeking information about his outstanding obligations to plaintiff and overall assets, unanimously affirmed, without costs.
RICHARD E. LERNER, for Defendants-Respondents.
JON A. WARD, for Non-Party Appellant.
Nardelli, J.P., Mazzarelli, Buckley, Sullivan, Marlow, JJ.
Any judgment herein cannot exceed "the amount that `could or would have been collected' in the underlying action" (McKenna v. Forsyth Forsyth, 280 A.D.2d 79, 82). Therefore, any payments or other transfers of value that appellant may have made in satisfaction of the liabilities underlying the default judgment, as well as appellant's ability to satisfy any such liabilities still outstanding, are material and necessary to the defense of this action.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.