| Mendelovitz v Cohen |
| 2008 NY Slip Op 02118 [49 AD3d 612] |
| March 11, 2008 |
| Appellate Division, Second Department |
| Shifra Mendelovitz, Appellant, v Elyahu Cohen et al.,Respondents. |
—[*1] Proskauer Rose, LLP, New York, N.Y. (Richard M. Goldstein, Harry Frischer, and MatthewJ. Morris of counsel), for respondents.
In an action, inter alia, to recover damages for breach of a joint venture agreement, theplaintiff appeals from (1) a decision of the Supreme Court, Kings County (Demarest, J.), datedOctober 31, 2007, and (2) an order of the same court, also dated October 31, 2007, which, ineffect, granted those branches of the defendants' motion which were to quash subpoenas servedon the nonparties Regal Home Collections, Inc., Mayer Rispler, Nat Safern, and Harri Shan, anddenied those branches of her cross motion which were to compel compliance with the subpoenas.
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision(see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that one bill of costs is awarded to the respondents.
The Supreme Court providently exercised its discretion in, inter alia, quashing the subpoenasserved upon the nonparties Regal Home Collections, Inc., Mayer Rispler, Nat Safern, and HarriShan, as the discovery sought is not material and necessary to the prosecution of the action(see [*2]White Bay Enters. v Newsday, Inc., 288 AD2d211 [2001]; see also Riverside CapitalAdvisors, Inc. v First Secured Capital Corp., 28 AD3d 457, 459-460 [2006]; GoldenMark Maintenance v Alarcon, 265 AD2d 377 [1999]). Mastro, J.P., Fisher, Florio,Angiolillo and Dickerson, JJ., concur.