New York Court of Appeals, 1979

In re U. S. Pioneer Electronics Corp.

New York Court of Appeals · Decided June 26, 1979

47 N.Y.2d 914; 419 N.Y.S.2d 484; 393 N.E.2d 478; 1979 N.Y. LEXIS 2172

Cases that cite this one

38 later published cases cite this decision. The 25 that cite it most often are listed here.

Pettinato v. EQR-Rivertower, LLC (Appellate Division of the Supreme Court of New York 2023)
Walsh v. West Gramercy Assoc. LLC (Appellate Division of the Supreme Court of New York 2022)
Walsh v. West Gramercy Assoc. LLC (Appellate Division of the Supreme Court of New York 2022)
Vanacore v. Electrolux Home Products, Inc. (Appellate Division of the Supreme Court of New York 2015)
Schorr v. Schorr (Appellate Division of the Supreme Court of New York 2014)
Schorr v. Schorr (Appellate Division of the Supreme Court of New York 2014)
Silberstein v. Maimonides Medical Center (Appellate Division of the Supreme Court of New York 2010)
Constantino v. Dock's Clam Bar & Pasta House (Appellate Division of the Supreme Court of New York 2009)
Rinaldi v. Evenflo Co. (Appellate Division of the Supreme Court of New York 2009)
Lopes v. Metropolitan Transit Authority (Appellate Division of the Supreme Court of New York 2009)
Pacheco v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2008)
Gillen v. Utica First Insurance (Appellate Division of the Supreme Court of New York 2007)
Carothers v. Insurance Companies (Civil Court of the City of New York 2006)
Yao-Hung Chang v. SDI International Inc. (Appellate Division of the Supreme Court of New York 2005)
Kavanagh v. Ogden Allied Maintenance Corp. (N.Y. 1998)
Andruszewski v. Cantello (Appellate Division of the Supreme Court of New York 1998)
Pedone v. Schlotman (Appellate Division of the Supreme Court of New York 1998)
Sumitomo Bank of New York Trust Co. v. Town of North Hempstead (Appellate Division of the Supreme Court of New York 1997)
Salkey v. Mott (Appellate Division of the Supreme Court of New York 1997)
Weinstock v. Goldstein (Appellate Division of the Supreme Court of New York 1997)
Lipin v. Bender (N.Y. 1994)
Ozen v. Yilmaz (Appellate Division of the Supreme Court of New York 1992)
Scalone v. Phelps Memorial Hospital Center (Appellate Division of the Supreme Court of New York 1992)
Kaplan v. Herbstein (Appellate Division of the Supreme Court of New York 1991)
Church & Dwight Co. v. Uddo & Associates, Inc. (Appellate Division of the Supreme Court of New York 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, in éach case.

*916Petitioner has commenced an action in Ohio against a chain of retail hi-fidelity dealers for violations of that State’s Deceptive Trade Practices Act, unfair competition and breach of contract. In aid of that action petitioner seeks the production of documents and the testimony of the sales managers or other appropriate officers or employees of the two corporate respondents as nonparty witnesses. In the Nikko proceeding Supreme Court, Nassau County, vacated a prior ex parte order directing discovery; in Hotel Supreme Court, Westchester County, ordered the requested discovery. On appeal the Appellate Division, "on the law and as a matter of discretion in the interest of justice” in each case, directed parallel discovery to the extent and on the terms particularized in the court’s decisions. It concluded, "[a]s thus limited, petitioner will be able to achieve the disclosure to which it has demonstrated its entitlement, without simultaneously causing undue and unreasonable annoyance, disadvantage or other prejudice to the nonparty witness being examined.” Petitioner now appeals to our court from these two orders.*

The determination as to the terms and provisions of discovery as regulated to prevent abuse by protective orders under CPLR 3103 (subd [a]) rests in the sound discretion of the court to which application is made, subject to review by the intermediate appellate court, here the Appellate Division. Our court will not disturb the determinations made by that court in the absence of a demonstration that as a matter of law there has been an abuse of discretion. (3A Weinstein-KornMiller, NY Civ Prac, par 3103.01.) No such demonstration has been made in either of these cases.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

In each case: Order affirmed.

Respondent Nikko’s motion to dismiss the appeal in its case was denied on April 3, 1979.

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