| Ledonne v Orsid Realty Corp. |
| 2011 NY Slip Op 03305 [83 AD3d 598] |
| April 26, 2011 |
| Appellate Division, First Department |
| Robert Ledonne et al., Respondents, v Orsid Realty Corp.et al., Defendants. 790 RSD Acquisition LLC et al., NonpartyAppellants. |
—[*1] Alterman & Boop LLP, New York (Arlene F. Boop of counsel), for respondents.
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered November 8,2010, which, to the extent appealed from, granted plaintiffs' motion to compel compliance withsubpoenas seeking production of certain surveillance equipment and tapes, and denied thenonparty appellants' cross motion for a protective order, unanimously affirmed, without costs.
CPLR 3101 (a) "mandates full disclosure of all matter material and necessary in theprosecution or defense of an action," and the person seeking to quash a subpoena bears "theburden of establishing that the requested documents and records are utterly irrelevant" (Velez v Hunts Point Multi-Serv. Ctr.,Inc., 29 AD3d 104, 108, 112 [2006]). The court properly exercised its discretion indetermining, upon review of all the facts, that the nonparties had not shown that the surveillancematerials sought are utterly irrelevant to plaintiffs' claims, brought derivatively on behalf of thecooperative corporation, which allege that defendant, while employed as managing agent for thecorporation, acted for the sole benefit of the nonparties and allowed corporate resources andassets to be used for the nonparties' benefit. Concur—Tom, J.P., Andrias, Friedman,Abdus-Salaam and RomÁn, JJ.