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Schwarz v. Schwarz

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 611 (N.Y. App. Div. 1996)

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.


Summaries of

Schwarz v. Schwarz

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 611 (N.Y. App. Div. 1996)

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.
Case details for

Schwarz v. Schwarz

Case Details

Full title:DIANE SCHWARZ, Respondent, v. STEPHEN SCHWARZ et al., Appellants

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

Date published: May 28, 1996

Citations

227 A.D.2d 611 (N.Y. App. Div. 1996)
643 N.Y.S.2d 210

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