Desario v SL Green Mgt. LLC

Desario v SL Green Mgt. LLC 2014 NY Slip Op 04256 Decided on June 12, 2014 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 12, 2014
Acosta, J.P., DeGrasse, Richter, Manzanet-Daniels, Feinman, JJ.
12757N 103530/10

[*1] Frank Desario, Plaintiff-Respondent,

v

SL Green Management LLC, et al., Defendants-Appellants.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for appellants.

Wingate, Russotti, Shapiro & Halperin, LLP, New York (David M. Schwarz of counsel), for respondent.

Order, Supreme Court, New York County (Louis B. York, J.), entered December 23, 2013, which granted plaintiff's motion to quash subpoenas duces tecum served upon his former employers and for a protective order precluding defendants from using any of the information obtained by the subpoenas at trial, unanimously affirmed, without costs.

The motion court providently exercised its discretion in quashing defendants' post note of issue trial subpoenas seeking plaintiff's entire employment files from three employers.

Defendants failed to demonstrate "unusual or unanticipated" circumstances or "substantial prejudice" sufficient to warrant post-note of issue discovery. (See, Schroeder v IESI NY Corp.,

24 AD3d 180 [1st Dept 2005]; 22 NYCRR 202.21[d]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 12, 2014

CLERK