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NEWMAN v. LOTWIN

Appellate Division of the Supreme Court of New York, First Department.
Feb 24, 1998

Plaintiff did not meet her burden of showing that special circumstances, including the unavailability of the information from other sources, warrant the nonparty disclosure ( see, Matter of Validation Review Assocs., 237 A.D.2d 614). Accordingly, it was an appropriate exercise of discretion to have quashed the subpoena ( see, Mestel Co. v. Smythe Masterson Judd, 215 A.D.2d 329).

Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.