Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Feiner & Lavy, P.C. v. Zohar
Citation: 2022 NY Slip Op 06083Docket: Index No. 656169/17 Appeal No. 16580 Case No. 2022-01807
Court: Appellate Division of the Supreme Court of the State of New York; November 1, 2022; New York; State Appellate Court
Original Court Document: View Document
Feiner. Lavy, P.C. v. Zohar, decided on November 1, 2022, by the Appellate Division, First Department, addresses an appeal by Feiner. Lavy, P.C. against a ruling from the Supreme Court of New York County. The court affirmed the lower court's order granting defendants' motion to quash subpoenas served by the plaintiff on their banking institutions, citing that the plaintiff misused the subpoenas to obtain discovery after the note of issue was filed. The appellate court found that the Supreme Court exercised its discretion appropriately, referencing prior case law indicating that discovery should not be sought post-filing of the note of issue without a motion to vacate it. The court noted that the plaintiff did not take steps to vacate the note of issue and emphasized that the ruling does not prevent the plaintiff from seeking to subpoena relevant records at trial. The plaintiff's argument regarding the defendants' standing to quash the subpoenas was deemed unpreserved, as it was first raised on appeal. The appellate court upheld the motion court’s decision to quash the subpoenas, concluding there was no abuse of discretion in controlling discovery. The decision concludes with the affirmation of the order without costs, emphasizing the authority of the court to manage discovery matters independently.