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666 Lexington Avenue Associates, L.P., Respondent v. Women's Medical Associates

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


August 16, 2011

666 LEXINGTON AVENUE ASSOCIATES, L.P., RESPONDENT,
v.
WOMEN'S MEDICAL ASSOCIATES, PLLC, APPELLANT. ANNETTE MAFFEI AND RUTH A. TESSLER, NONPARTY-APPELLANTS.

Appeal from an order of the Justice Court of the Town of Mount Kisco, Westchester County (Mark F. Farrell, J.), entered March 3, 2010.

666 Lexington Ave. Assoc., L.P. v Women's Med. Assoc., PLLC

Decided on August 16, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: NICOLAI, P.J., TANENBAUM and LaCAVA, JJ

The order denied a motion by tenant/judgment debtor Women's Medical Associates, PLLC and by nonparties Annette Maffei and Ruth A. Tessler to quash subpoenas duces tecum served by petitioner.

ORDERED that the order is modified by providing that the motion by tenant/judgment debtor Women's Medical Associates, PLLC and by nonparties Annette Maffei and Ruth A. Tessler to quash the subpoenas duces tecum is denied as to documents concerning tenant/judgment debtor's assets but is granted as to documents which contain personal information relating to the individual movants, as requested in paragraphs 1 through 15 of the rider to each of the subpoenas; as so modified, the order is affirmed, without costs.

In this holdover proceeding, a final judgment was entered against tenant Women's Medical Associates, PLLC in the principal sum of $57,107.05. In post-judgment proceedings, subpoenas duces tecum were served upon Annette Maffei and Ruth A. Tessler individually and as officers of tenant/judgment debtor. In a rider to the subpoenas duces tecum, landlord/judgment creditor sought documents from Maffei and Tessler which included their individual tax returns, financial and bank accounts, insurance policies naming them as beneficiaries, safe deposit boxes, pledges, personal property, vehicle registrations, titles and deeds. Tenant/judgment debtor, Maffei and Tessler moved to quash the subpoenas duces tecum. The Justice Court denied their motion.

CPLR 5223 compels disclosure of "all matters relevant to the satisfaction of the judgment by serving upon any person a subpoena," including a nonparty (see Technology Multi Sources, S.A. v Stack Global Holdings, Inc., 44 AD3d 931 [2007]). In the case at bar, the subpoenas should be limited to documents relating to tenant/judgment debtor's assets, which are applicable to the satisfaction of the judgment (see Levin v Total Hockey Assoc., 64 AD2d 622 [1978]). At this juncture, we find that landlord/judgment creditor failed to make a sufficient showing of necessity for the production of the personal documents requested in paragraphs 1 through 15 of the rider to the subpoenas duces tecum (see Samide v Roman Catholic Diocese of Brooklyn, 5 AD3d 463 [2004]). However, our determination herein is without prejudice to landlord/judgment creditor seeking to obtain additional disclosure from, among others, Ruth A. Tessler and Annette Maffei, upon a sufficient showing therefor. Accordingly, the order denying the motion to quash the subpoenas is modified by providing that the motion to quash the subpoenas duces tecum is denied as to documents concerning tenant/judgment debtor's assets but is granted as to documents which contain personal information relating to the individual movants, as requested in paragraphs 1 through 15 of the rider to each of the subpoenas.

Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.

Decision Date: August 16, 2011

20110816

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