Appellate Division of the Supreme Court of New York, 1987

Kaye v. Kaye

Kaye v. Kaye
Appellate Division of the Supreme Court of New York · Decided February 2, 1987
127 A.D.2d 566; 511 N.Y.S.2d 547; 1987 N.Y. App. Div. LEXIS 43034
Kaye v. Kaye

Opinion of the Court

In a matrimonial action, the plaintiff wife appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated January 21, 1986, which granted the defendant husband’s motion for a protective order quashing a subpoena duces tecum and a notice to take a deposition of a nonparty wdtness.

Ordered that the order is affirmed, with costs.

We cannot say that the court abused its discretion in granting the motion (see, CPLR 3101 [a] [4]; 3103; Brady v Ottaway Newspapers, 63 NY2d 1031). We note that the plaintiff has already been afforded extensive discovery pursuant to this court’s prior directive (see, Kaye v Kaye, 102 AD2d 682). Mangano, J. P., Brown, Rubin and Eiber, JJ., concur.

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