Financial Structures Ltd. v UBS AG

Financial Structures Ltd. v UBS AG 2012 NY Slip Op 04302 Decided on June 5, 2012 Appellate Division, First Department 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.

Decided on June 5, 2012
Mazzarelli, J.P., Sweeny, DeGrasse, Freedman, Richter, JJ.
7850N 601159/08

[*1]Financial Structures Limited, et al., Plaintiffs-Appellants,

v

UBS AG, et al., Defendants-Respondents.




SNR Denton US LLP, New York (Richard M. Zuckerman of
counsel), for appellants.
Paul Hastings LLP, New York (James B. Worthington of
counsel), for respondents.

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 [2011]; Connolly v Napoli, Kaiser & Bern, LLP, 81 AD3d 530, 531 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 5, 2012

CLERK