Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

MENDELOVITZ v. COHEN

Appellate Division of the Supreme Court of New York, Second Department.
Mar 11, 2008
Important Paras
Please sign up to view Important Paras.

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); 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 subpoenas served upon the nonparties Regal Home Collections, Inc., Mayer Rispler, Nat Safern, and Harri Shan, as the discovery sought is not material and necessary to the prosecution of the action ( see White Bay Enters, v Newsday, Inc., 288 AD2d 211; see also Riverside Capital Advisors, Inc. v First Secured Capital Corp., 28 AD3d 457, 459-460; Golden Mark Maintenance v Alarcon, 265 AD2d 377).