Opinion
2012-11-15
ROSENHAUS REAL ESTATE, LLC, Plaintiff–Appellant, v. S.A.C. CAPITAL MANAGEMENT, INC., et al., Defendants–Respondents, Macklowe Properties, LLC, et al., Defendants.
David M. Samel, New York, for appellant. Jones Day, New York (Todd R. Geremia of counsel), for respondents.
David M. Samel, New York, for appellant. Jones Day, New York (Todd R. Geremia of counsel), for respondents.
Order, Supreme Court, New York County (Paul G. Feinman, J.), entered on or about January 5, 2012, which granted the SAC defendants' motion for a protective order, unanimously affirmed, with costs.
Plaintiff failed to show that the several SAC officers and employees it had already deposed lacked information about the transactions at issue and that Steven A. Cohen, SAC's chief executive, uniquely possesses relevant information that renders his deposition necessary ( see Barnwell v. Emigrant Sav. Bank, 81 A.D.3d 518, 916 N.Y.S.2d 506 [1st Dept. 2011];Wo Yee Hing Realty Corp. v. Stern, 74 A.D.3d 469, 901 N.Y.S.2d 833 [1st Dept. 2010] ). Cohen's lack of involvement in the underlying transaction is undisputed, and plaintiff's assertion that he possesses relevant information is entirely speculative.