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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 involves an appeal by the plaintiff, Feiner. Lavy, P.C., against a ruling from the Supreme Court of New York County which quashed subpoenas served on the defendants' banking institutions. The Appellate Division, First Department, affirmed the lower court’s decision, stating that the plaintiff improperly sought discovery after filing the note of issue, as established in precedent cases. The court noted that even though there was a prior directive for discovery before the note of issue was filed, there was no evidence that the plaintiff sought to vacate the note. The plaintiff's argument regarding the defendants' standing to quash the subpoenas was deemed unpreserved since it was raised for the first time on appeal. The ruling emphasized that courts maintain the authority to manage discovery independently, and the decision to quash was not deemed an abuse of discretion. The plaintiff retains the option to seek subpoenas for relevant records during the trial. The decision was entered on November 1, 2022, with no costs awarded.