Opinion
2012-06-5
FINANCIAL STRUCTURES LIMITED, et al., Plaintiffs–Appellants, v. UBS AG, et al., Defendants–Respondents.
SNR Denton US LLP, New York (Richard M. Zuckerman of counsel), for appellants. Paul Hastings LLP, New York (James B. Worthington of counsel), for respondents.
SNR Denton US LLP, New York (Richard M. Zuckerman of counsel), for appellants. Paul Hastings LLP, New York (James B. Worthington of counsel), for respondents.
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered February 17, 2012, which granted defendants' motion to quash a subpoena served by plaintiffs on a nonparty seeking transcripts of depositiontestimony of certain witnesses and related documents in a separate action brought against defendants, unanimously affirmed, without costs.
The motion court providently exercised its discretion in granting the motion, as plaintiffs failed to demonstrate that the information sought could not be obtained in the course of their own depositions of witnesses common to both actions ( see Menkes v. Beth Abraham Servs., 89 A.D.3d 647, 647–648, 933 N.Y.S.2d 548 [2011];Connolly v. Napoli, Kaiser & Bern, LLP, 81 A.D.3d 530, 531, 917 N.Y.S.2d 175 [2011] ).