VICKRAM A. BEDI, Plaintiff,
DAVID A. BROWDE, ESQ. and DAVID A. BROWDE, P.C, Defendants. Index No. 59744/2011
Anthony Giordano, Esq. Giordano & Stern, LLP. By Nyscef.
David A. Browde, P.C. By Nyscef.
Leon Kornfeld, Esq. By Nyscef.
DECISION & ORDER
HON. FRANCESCA E. CONNOLLY, J.S.C.
The following papers were read on this motion by plaintiff for an order quashing the proposed non-party subpoena directed to Kevin Cheverko, Commissioner of Corrections, Westchester County.
Order to Show Cause-Affirmations in Support - Exhibits
Memoranda of Law
Affirmation in Opposition - Exhibits
Upon the foregoing papers and upon oral argument heard on April 1, 2013, this motion is determined as follows:
Plaintiff, Vickram A. Bedi, commenced this action on or about December 12, 2011. Plaintiff allegedly retained defendants to represent him in connection with a matter entitled Davidson et al v Wachovia et al, Index No. 50786/2011 (the "Davidson Litigation"). Plaintiff, who is currently serving a nine year prison sentence in New York State prison, alleges that defendants pressured him to sign settlement agreements in connection with the Davidson Litigation while plaintiff was in prison.
On or about February 2, 2012, defendants filed a third party action against plaintiff and others. Among other claims, defendants allege that plaintiff failed to pay defendants' legal bills in the amount of $100, 135.51. Defendants also allege that plaintiff, along with defendants Anthony Giordano and Giordano & Stern LLP, had secretly agreed and decided in a series of telephone conversations and meetings that they would not honor the terms of any settlement in the Davidson Litigation and would instead seek to void such settlement agreements.
On or about February 27, 2012, plaintiff filed an amended verified complaint in this action. In the amended complaint, plaintiff alleges that defendants charged plaintiff fees for preparing amended tax returns.
Pursuant to the preliminary conference stipulation that was so-ordered and filed on or about August 1, 2012, the parties were directed to serve discovery demands on or before September 15, 2012. Also pursuant to the preliminary conference stipulation and order, responses to the ...