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Oak Beach Inn Corp. v. Town of Babylon

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 568 (N.Y. App. Div. 1997)

Opinion

May 27, 1997

Appeal from the Supreme Court, Nassau County (Feuerstein, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The proposed subpoena duces tecum, which requires the New York State Police Department to produce all of its documents and records concerning the plaintiffs and its investigation of the plaintiffs, is overly broad (see, Grotalho v. Soft Drink Leasing Corp., 97 A.D.2d 383). The plaintiffs are improperly attempting to engage in general discovery or a "fishing expedition" through the use of a subpoena. As such, their application for the issuance of the proposed subpoena was properly denied (see, People v Gissendanner, 48 N.Y.2d 543; Matter of D'Alimonte v. Kuriansky, 144 A.D.2d 737; Matter of Gelderman, 111 A.D.2d 332, 333).

Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.


Summaries of

Oak Beach Inn Corp. v. Town of Babylon

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 568 (N.Y. App. Div. 1997)
Case details for

Oak Beach Inn Corp. v. Town of Babylon

Case Details

Full title:OAK BEACH INN CORP. et al., Appellants, v. TOWN OF BABYLON, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 27, 1997

Citations

239 A.D.2d 568 (N.Y. App. Div. 1997)
658 N.Y.S.2d 72

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