Appellate Terms of the Supreme Court of New York, 1976

Leef v. Evers

Appellate Terms of the Supreme Court of New York · Decided May 19, 1976

88 Misc. 2d 178; 387 N.Y.S.2d 33; 1976 N.Y. Misc. LEXIS 2643

Counsel

W Bernard Richland, Corporation Counsel (L. Kevin Sheridan and Irving Cohen of counsel), for appellant. Joel L. Leef, respondent prose.

Opinion of the Court

Per Curiam.

In the absence of an appropriate showing by plaintiff of the relevant surrounding circumstances including the efforts, if any, made to obtain the desired information by other means and the alternative unavailability of such information, it was an abuse of discretion to deny appellant’s application to quash the subpoena and to direct it to transmit the specified information.

Order entered February 27, 1975 (Egeth, J.) reversed and motion to quash subpoena granted, with $10 costs.

Concur: Markowitz, J. P., Hughes and Riccobono, JJ.

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