Menkes v Beth Abraham Servs.

Menkes v Beth Abraham Servs. 2011 NY Slip Op 08659 Decided on November 29, 2011 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 November 29, 2011
Saxe, J.P., Friedman, Renwick, DeGrasse, Freedman, JJ.
6193N 29302/02

[*1]Sheryl Menkes, etc., Plaintiff-Appellant,

v

Beth Abraham Services, Defendant-Respondent.




Alexander J. Wulwick, New York, for appellant.
Wenick & Finger, P.C., New York (Frank J. Wenick of
counsel), for respondent.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered June 17, 2010, which, to the extent appealed from, granted the motion of defendant nursing home and nonparty former nursing director to quash a subpoena seeking the deposition of the former nursing director, unanimously affirmed, without costs.

The motion court providently exercised its discretion in granting the motion, as plaintiff failed to demonstrate that the information sought from the former director could not be obtained from other sources, such as the nursing home's own records (see Connolly v Napoli, Kaiser & Bern, LLP, 81 AD3d 530, 531 [2011]; Kooper v Kooper, 74 AD3d 6, 15, 16-17 [2010]). In view of the foregoing, we need not determine whether the disclosure sought is material and necessary.

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

ENTERED: NOVEMBER 29, 2011

CLERK