Davis v Melnicke

Davis v Melnicke 2007 NY Slip Op 03363 [39 AD3d 378] April 19, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

Bella Davis, Respondent,
v
Michael Melnicke, Respondent, and Naftali Weisz et al., Nonparty Appellants.

—[*1] Neiman Ginsburg & Mairanz, P.C., New York (Marvin Neiman of counsel), for appellants.

Greenberg Traurig, LLP, New York (Israel Rubin of counsel), for Bella Davis, respondent.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 3, 2006, which denied a motion by nonparties Weisz and the Kollel to modify petitioner's subpoena with respect to three of the seven categories of documents sought, and granted petitioner's cross motion to compel compliance therewith, unanimously affirmed, without costs.

The credibility and good faith of the subpoenaed parties are at issue here, and the materials sought are a legitimate subject of that inquiry. We have considered appellants' remaining arguments and find them without merit. Concur—Andrias, J.P., Nardelli, Williams and Catterson, JJ.