Capacity Grp. of NY, LLC v. Duni
| Decision Date | 23 September 2020 |
| Docket Number | Index No. 601202/17,2019–08249 |
| Parties | CAPACITY GROUP OF NY, LLC, appellant, v. Michael A. DUNI, et al., respondents (and a third-Party action). |
| Court | New York Supreme Court — Appellate Division |
186 A.D.3d 1482
131 N.Y.S.3d 373
CAPACITY GROUP OF NY, LLC, appellant,
v.
Michael A. DUNI, et al., respondents
(and a third-Party action).
2019–08249
Index No. 601202/17
Supreme Court, Appellate Division, Second Department, New York.
Argued—March 6, 2020
September 23, 2020
Porzio, Bromberg & Newman, P.C., New York, NY (Gary M. Fellner of counsel), for appellant.
Law Offices of Michael C. Duni, PLLC, New York, NY, for respondents.
WILLIAM F. MASTRO, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, BETSY BARROS, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Anna R. Anzalone, J.), entered June 13, 2019. The order, insofar as appealed from, granted those branches of the defendants' motions which were pursuant to CPLR 2304 to quash certain subpoenas issued by the plaintiff.
ORDERED that the order is affirmed insofar as appealed from, with costs.
In February 2017, the plaintiff commenced this action, inter alia, to recover damages for breach of contract. Between
December 2018 and April 2019, the plaintiff served various subpoenas duces tecum and subpoenas ad testificandum on numerous nonparties, including alleged former customers of the plaintiff and one of its competitors. The defendants made successive motions, inter alia, pursuant to CPLR 2304 to quash those subpoenas. In an order entered June 13, 2019, the Supreme Court granted those branches of the defendants' motions which were pursuant to CPLR 2304 to quash the subpoenas on the ground that the evidence sought was, inter alia, irrelevant. The plaintiff appeals.
Contrary to the plaintiff's contention, the Supreme Court was not required to deny the subject branches of the defendants' motions on the ground...
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