New York Supreme and/or Appellate Courts Appellate Division, First Department
June 5, 2012
FINANCIAL STRUCTURES LIMITED, ET AL.,
UBS AG, ET AL.,
Financial Structures Ltd. v UBS AG
Decided on June 5, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Sweeny, DeGrasse, Freedman, Richter, JJ.
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered February 17, 2012, which granted defendants' motion to quash a subpoena served by plaintiffs on a nonparty seeking transcripts of deposition testimony of certain witnesses and related documents in a separate action brought against defendants, unanimously affirmed, without costs.
The motion court providently exercised its discretion in granting the motion, as plaintiffs failed to demonstrate that the information sought could not be obtained in the course of their own depositions of witnesses common to both actions (see Menkes v Beth Abraham Servs., 89 AD3d 647, 647-648 ; Connolly v Napoli, Kaiser & Bern, LLP, 81 AD3d 530, 531 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JUNE 5, 2012
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