COAST TO COAST ENERGY, INC. v. GASARCH 3495, 602044/09, 3495A.

77 A.D.3d 589 (2010)
909 N.Y.S.2d 360

COAST TO COAST ENERGY, INC., et al., Respondents, v. MARK GASARCH et al., Defendants/Counterclaim Plaintiffs-Appellants. COAST TO COAST ENERGY, INC., et al., Counterclaim Defendants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.
Decided October 28, 2010.
Concur—TOM, J.P., FRIEDMAN, CATTERSON, RENWICK and MANZANET-DANIELS, JJ.

We find that the record does not support findings that plaintiffs obtained the subject materials through theft, eavesdropping, or other unlawful means. We also find that the record does not support findings that the subject materials were improperly or irregularly obtained within the meaning of CPLR 3103 (c), but, even if the record did support such findings, we would affirm. No basis exists to disturb the Special Referee's findings that all of the subject materials in any event would have to be produced in the ordinary course of discovery, and, accordingly, that no substantial right of defendants' could have been prejudiced by the manner in which they were obtained (CPLR 3103 [c]; see Robinson v Robinson, 308 A.D.2d 332, 333 [2003]; Levy v Grandone, 8 A.D.3d 630 [2004]). In view of the foregoing, the court also properly denied defendants' motion for a protective order and to disqualify plaintiffs' counsel. We have considered defendants' other arguments and find them unavailing.


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