Appellate Division of the Supreme Court of New York, 2002

Dier v. Bender

Dier v. Bender
Appellate Division of the Supreme Court of New York · Decided September 24, 2002
297 A.D.2d 577; 747 N.Y.2d 169; 747 N.Y.S.2d 169; 2002 N.Y. App. Div. LEXIS 8751
Dier v. Bender

Opinion of the Court

*578In addition to quashing most of the subpoena duces tecum served on appellants on the ground that most of the subpoena’s document requests were overbroad, burdensome and oppressive, seeking material well beyond the legitimate scope of petitioner-respondent’s need in defending a Maryland divorce action, the IAS court should have granted appellants a protective order limiting the scope of their deposition testimony to the issues raised in item 1 of the subpoena, so that they will be questioned only as to whether respondent’s wife received monies and/or any other property from them between January 1, 1999 to the present and, if so, to what extent (cf. Matter of Ayliffe & Cos., 166 AD2d 223, Iv denied 76 NY2d 714). Concur — Williams, P.J., Tom, Rosenberger and Friedman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.