Maxim, Inc. v. Feifer

• Decision Date: 17 May 2018
• Docket Number: Index 162933/15, 654137/15,6213N,6208,6210,6212,6209,6211
• Parties: MAXIM, INC., Plaintiff–Respondent, v. Jason FEIFER, et al., Defendants–Appellants. Maxim, Inc., et al., Plaintiffs–Respondents, v. Wayne Gross, Defendant, Jason Feifer, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

161 A.D.3d 551
78 N.Y.S.3d 98

MAXIM, INC., Plaintiff–Respondent,
v.
Jason FEIFER, et al., Defendants–Appellants.

Maxim, Inc., et al., Plaintiffs–Respondents,
v.
Wayne Gross, Defendant,

Jason Feifer, Defendant–Appellant.

6208
6209
6210
6211
6212
6213N
Index 162933/15, 654137/15

Supreme Court, Appellate Division, First Department, New York.

Decided May 17, 2018

78 N.Y.S.3d 99

Schoeman Updike Kaufman & Gerber LLP, New York (Beth L. Kaufman of counsel), for appellants.

Sack & Sack, LLP, New York (Eric R. Stern of counsel), for respondents.

Richter, J.P., Manzanet–Daniels, Andrias, Kapnick, Webber, JJ.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered April 24, 2017, in Index No. 654137/15 (the breach of contract action), which granted plaintiffs' motion to quash a subpoena issued to nonparty Christopher Clark, and denied defendant Jason Feifer's motion to remove the confidentiality designation from certain deposition testimony and documents produced, to deem defendants' notice to admit admitted, to compel certain depositions, and for attorneys' fees and expenses, and, sua sponte, ordered all party discovery to precede nonparty discovery, modified, on the facts and in the exercise of discretion, to grant defendant's motion to the extent of ordering plaintiffs to respond to the notice to admit dated May 26, 2016, in compliance with CPLR 3123(a), within 20 days after entry of this order, to strike the confidentiality designations on documents produced by nonparty Derris & Co. and on the deposition testimony of Julie Halpin, Wayne Gross, and Maxim, Inc. by Robert Price, and to impose monetary sanctions on plaintiffs in the amount of $10,000, and otherwise affirmed, without costs. Order, same court and Justice, entered on or about April 21, 2017, which, to the extent appealed from, granted plaintiffs' motion to quash a subpoena issued to nonparty Hiltzik Strategies, unanimously affirmed, without costs. Order, same court and Justice, entered on or about April 21, 2017, which, to the extent appealed from as limited by the briefs, granted plaintiffs' motion to quash a subpoena issued to Derris & Co., and denied defendants' motion to strike the confidentiality designations on documents produced by Derris & Co. and preclude plaintiffs from placing blanket

78 N.Y.S.3d 100

confidentiality designations on remaining documents to be produced by Derris & Co., unanimously modified, on the facts and in the exercise of discretion, to grant defendants' motion to the extent of striking plaintiffs' confidentiality designations from documents produced by Derris & Co. and precluding plaintiffs from placing blanket confidentiality designations on the remainder of Derris & Co.'s production, and otherwise affirmed, without costs. Order, same court and Justice, entered May 3, 2016, in Index No. 162933/15 (the declaratory judgment action), which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for a preliminary injunction as against defendant Feifer, unanimously reversed, on the law and facts, without costs, the motion denied, and the preliminary injunction vacated. Appeal from order, same court and Justice, entered April 10, 2017, which, inter alia, denied defendants' motion to vacate the preliminary injunction, unanimously dismissed, without costs, as academic. Order, same court and Justice, entered February 17, 2017, which denied defendants' motion to dismiss...