Capoccia v. Spiro
| Decision Date | 24 June 1982 |
| Parties | Andrew F. CAPOCCIA, P. C., Appellant, v. Murle SPIRO, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Andrew F. Capoccia, pro se.
Harvey and Harvey, Mumford & Kingsley, Albany (Jonathan P. Harvey, Albany, of counsel), for respondent.
Before MAHONEY, P. J., and SWEENEY, MAIN, CASEY and YESAWICH, JJ.
Appeal from orders of the Supreme Court at Special Term, entered December 17, 1981 in Albany County, which, inter alia, denied plaintiff's motion for a protective order.
In late September of 1980 defendant Murle Spiro consulted plaintiff Andrew F. Capoccia, an attorney, regarding marital difficulties she was experiencing with her husband, and it is conceded that plaintiff agreed to represent defendant concerning these problems in return for payment by defendant of $15,000 for plaintiff's services. Although defendant maintains that she did in fact pay plaintiff the $15,000 in cash on September 26, 1980, plaintiff asserts that she has not yet paid that amount as agreed. Seeking to recover the $15,000 allegedly still due, plaintiff instituted the present action against defendant, who had discharged him in December of 1980 and retained new counsel. Defendant responded by alleging that payment had already been made and by asserting a counterclaim against plaintiff for malpractice.
As the litigation proceeded, defendant made a demand for plaintiff's deposition and for disclosure of certain documents and records in plaintiff's possession pursuant to CPLR 3120 (subd. ). The requested documents and records included:
(a) the file, and all its contents, writings, notes, letters, documents or instruments executed and kept on behalf of defendant by plaintiff.
(b) All books, records, documents, ledgers and balance sheets, reflecting the assets of plaintiff, wherever situated, owned or under his dominion and control on or subsequent to the 1st day of September, 1980, to the present.
(c) All books, receipts, ledgers and balance sheets reflecting the names, account numbers and locations of each bank account, and the balance contained therein, in which plaintiff has an interest and the name and location of each bank in which such account is held, wherever situated.
(d) All books, records, documents, ledgers or balance sheets reflecting the assets of any affiliated or subsidiary corporation, wherever situated.
(e) All books, records and balance sheets reflecting the names, account numbers and locations of each bank account, and the balance contained therein, of each subsidiary.
(f) All certificates of deposit for any and all accounts described in paragraphs (c) and (e) above.
(g) All office diaries, appointment books, office logs or schedules maintained by plaintiff in the regular course of business or otherwise.
(h) A true and accurate copy of each of plaintiff's telephone bills, itemizing each call made on behalf of defendant, as alleged in the complaint.
(i) A true and accurate copy of any and all...
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Scalone v. Phelps Memorial Hosp. Center
... ... unduly burdensome or lack specificity or seek privileged matter or seek irrelevant information or are otherwise improper must be denied" (Capoccia, P.C. v. Spiro, 88 A.D.2d 1100, 1101, 453 N.Y.S.2d 70) ... Thus, under CPLR 3101(b), "[u]pon objection of a party privileged matter ... ...
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Altidor v. State-Wide Ins. Co., 2004 NY Slip Op 50753(U) (NY 6/22/2004)
... ... Capoccia v. Spirro, 88 A.D.2d 1100, 1101, 453 N.Y.S.2d 70, 72 (3d Dep't 1982) ... The disclosure of tax returns is generally disfavored due ... ...
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Fiore v. Oakwood Plaza Shopping Center, Inc.
... ... den., 49 N.Y.2d 709, 429 N.Y.S.2d 1026, 406 N.E.2d 1354). The judicial subpoenas are not overly broad (Cf. Capoccia v. Spiro, 88 A.D.2d 1100, 453 N.Y.S.2d 70), nor are they intended primarily as harassment. (Cf. Seyfarth v. Bi-County Elec. Corp., 73 Misc.2d 363, ... ...
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