Harold Levinson Associates, Inc. v. Wong

Summary

The Appellate Division, First Department reversed an order quashing a third-party subpoena served by Harold Levinson Associates, Inc. on Robin Wong and Jade Kee Wholesale LLC. The court held that the defendants failed to show that the requested records were utterly irrelevant and had sufficient notice of the circumstances or reasons for the subpoena; it also held that a prior denial of broader discovery did not require quashing the narrower subpoena.

Holdings

1. Defendants did not establish that the subpoenaed records were utterly irrelevant to the action; therefore, the motion to quash should not have been granted on that basis.
2. The subpoena was not subject to quashing for inadequate notice because defendants had sufficient notice of the circumstances or reasons underlying the request.
3. The prior denial of plaintiff's motion to compel discovery as overbroad did not require quashing the subpoena because the discovery sought in the subpoena was narrower than the material previously sought.

Questions Presented

1. Whether defendants established that the records sought by plaintiff's third-party subpoena were utterly irrelevant to the action.
2. Whether the subpoena provided sufficient notice of the circumstances or reasons underlying the request under CPLR 3101(a)(4).
3. Whether the prior denial of plaintiff's overbroad motion to compel discovery required the court to quash the narrower subpoena at issue.

Disposition

reversed