Opinion
9531N Index 651415/16
06-04-2019
WELLS FARGO BANK NATIONAL ASSOCIATION, etc., Plaintiff–Respondent, v. ANDALEX AVIATION II, LLC, et al., Defendants. Eleonora Silverman, Nonparty, Appellant.
Law Offices of Craig Avedisian, P.C., New York (Craig Avedisian of counsel), for appellant. Zeichner Ellman & Krause LLP, New York (David S.S. Hamilton of counsel), for respondent.
Law Offices of Craig Avedisian, P.C., New York (Craig Avedisian of counsel), for appellant.
Zeichner Ellman & Krause LLP, New York (David S.S. Hamilton of counsel), for respondent.
Acosta, J.P., Richter, Kapnick, Kahn, Kern, JJ.
Order, Supreme Court, New York County (Charles Ramos, J.), entered on or about December 17, 2018, denying appellant's motion for a protective order and to quash a subpoena ad testificandum, unanimously affirmed, with costs.
The court correctly denied the motion to quash the deposition subpoena, served pursuant to CPLR 6220, as movant failed to carry her prima facie burden of showing that the discovery sought was irrelevant or that it was obvious that "the process [would] not lead to legitimate discovery" ( Liberty Petroleum Realty, LLC v. Gulf Oil, L.P., 164 A.D.3d 401, 403 [1st Dept. 2018] ). Moreover, service at movant's usual place of abode within the state of New York was sufficient to comply with CPLR 308(4) (see Feinstein v. Bergner, 48 N.Y.2d 234, 239, 422 N.Y.S.2d 356, 397 N.E.2d 1161 [1979] ).
We have considered appellant's remaining contentions and find them unavailing.