Buff v. Janover LLC

Summary

The Appellate Division, First Department, affirmed an order denying Carolyn Buff’s motion to quash nonparty subpoenas and for a protective order. The court dismissed as moot an appeal from an order compelling discovery because Buff had produced documents in her possession and provided the required affidavit regarding other requested documents.

Holdings

1. The subpoenas were properly upheld because plaintiff failed to show that their futility was inevitable or obvious or that the information sought was utterly irrelevant to a proper inquiry.
2. Plaintiff was not entitled to a protective order because Janover served its subpoenas and document requests within the time allowed by court order, and the requests were clearly identified, limited in scope, not burdensome or expensive to produce, and material and necessary to the claims and defenses.
3. The appeal from the order compelling discovery was moot because plaintiff produced the documents in her possession and provided the required affidavit concerning other requested documents.

Questions Presented

1. Whether plaintiff established that the nonparty subpoenas should be quashed because discovery was futile or the requested information was irrelevant.
2. Whether plaintiff was entitled to a protective order barring Janover from using disclosure devices.
3. Whether the appeal from the order compelling discovery was moot after plaintiff produced documents in her possession and provided a Jackson affidavit for other requested documents.

Disposition

affirmed