Rosenhaus Real Estate, LLC v S.A.C. Capital Mgt., Inc.

Rosenhaus Real Estate, LLC v S.A.C. Capital Mgt., Inc. 2012 NY Slip Op 07780 Decided on November 15, 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 November 15, 2012
Friedman, J.P., Catterson, Renwick, DeGrasse, Román, JJ.
8595N 601012/09

[*1]Rosenhaus Real Estate, LLC, Plaintiff-Appellant,

v

S.A.C. Capital Management, Inc., et al., Defendants-Respondents, Macklowe Properties, LLC, et al., Defendants.




David M. Samel, New York, for appellant.
Jones Day, New York (Todd R. Geremia of counsel), for
respondents.

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered on or about January 5, 2012, which granted the SAC defendants' motion for a protective order, unanimously affirmed, with costs.

Plaintiff failed to show that the several SAC officers and employees it had already deposed lacked information about the transactions at issue and that Steven A. Cohen, SAC's chief executive, uniquely possesses relevant information that renders his deposition necessary (see Barnwell v Emigrant Sav. Bank, 81 AD3d 518 [1st Dept 2011]; Wo Yee Hing Realty Corp. v Stern, 74 AD3d 469 [1st Dept 2010]). Cohen's lack of involvement in the
underlying transaction is undisputed, and plaintiff's assertion that he possesses relevant information is entirely speculative.

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

ENTERED: NOVEMBER 15, 2012

CLERK