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WHITE BAY ENTERPRISES, LTD. v. NEWSDAY, INC.

288 A.D.2d 211 (2001)

732 N.Y.S.2d 865

WHITE BAY ENTERPRISES, LTD., Appellant, v. NEWSDAY, INC., Respondent. FRESH FOREST, LTD., et al., Nonparty Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 5, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly exercised its discretion in granting the motions to quash the subpoenas duces tecum served on the nonparties, as the discovery sought is not material and necessary to the prosecution of the action (see, Palma v Iona Coll., 259 A.D.2d 532; Feeley v Midas Props.,

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