Summary
In Schwarz, the Appellate Division, Second Department reversed the lower court's order directing the defendant's counsel to comply with a subpoena and submit to a deposition by plaintiffs counsel.
Summary of this case from Kildaze v. Countrywide Insurance Co.Opinion
May 28, 1996
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the defendant's motion for a protective order insofar as it pertains to the information sought from his counsel is granted, the subpoena is quashed and the notice to take deposition served upon the defendant's counsel is vacated.
The plaintiff failed to establish the requisite special circumstances to justify her demand for nonparty disclosure regarding the source of an appeal bond held in escrow by the defendant's counsel, since she failed to demonstrate that the information sought was otherwise unobtainable ( see, Dioguardi v St. John's Riverside Hosp., 144 A.D.2d 333) and the deposition testimony of the defendant suggests that this information was either already obtained or is obtainable from the defendant himself. Accordingly, the order is reversed to the extent that it authorizes such disclosure from the nonparty appellant. Mangano, P.J., Sullivan, Altman and Hart, JJ., concur.