From Casetext: Smarter Legal Research

Tannenbaum v. Tenenbaum

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 2004
8 A.D.3d 360 (N.Y. App. Div. 2004)

Opinion

2003-08459.

Decided June 7, 2004.

In an action to recover damages for medical malpractice and wrongful death, the defendant appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated August 27, 2003, which granted the plaintiff's motion for a protective order pursuant to CPLR 3103 quashing his subpoena of a nonparty treating physician.

Sedgwick, Detert, Moran Arnold, LLP, New York, N.Y. (Jason D. Turken and Howard R. Cohen of counsel), for appellant.

Brand Brand Burke, New York, N.Y. (Thomas S. Pardo of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, PETER B. SKELOS, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

A party seeking discovery from a nonparty witness must show special circumstances ( see Lanzello v. Lakritz, 287 A.D.2d 601; Dioguardi v. St. John's Riverside Hosp., 144 A.D.2d 333, 334). The existence of such special circumstances is not established merely upon a showing that the information sought is relevant. Rather, special circumstances are shown by establishing that the information sought cannot be obtained through other sources ( see Murphy v. Macarthur Holding B., 269 A.D.2d 507). The Supreme Court properly determined that the defendant did not show special circumstances. Therefore, the Supreme Court properly granted the plaintiff's motion for a protective order pursuant to CPLR 3103 quashing the defendant's subpoena of a nonparty treating physician.

ALTMAN, J.P., S. MILLER, SCHMIDT, COZIER and SKELOS, JJ., concur.


Summaries of

Tannenbaum v. Tenenbaum

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 2004
8 A.D.3d 360 (N.Y. App. Div. 2004)
Case details for

Tannenbaum v. Tenenbaum

Case Details

Full title:SUSAN L. TANNENBAUM, ETC., respondent, v. VICTOR TENENBAUM, ETC., appellant

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

Date published: Jun 7, 2004

Citations

8 A.D.3d 360 (N.Y. App. Div. 2004)
777 N.Y.S.2d 769

Citing Cases

Cavallo v. Pytosh

Ordered that the resettled order is affirmed; and it is further, Ordered that one bill of costs is awarded to…

Tuebner v. Cardinal Health 414, Inc.

In examining this issue, the Court in Kooper v Kooper, 74 AD3d 6, 901 NYS2d 312 (Second Dept., 2010) stated:…