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LANZELLO v. LAKRITZ

287 A.D.2d 601 (2001)

731 N.Y.S.2d 763

JOSEPH A. LANZELLO, Respondent, v. MARK R. LAKRITZ et al., Appellants.

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

Decided October 22, 2001.

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

A party seeking discovery from a nonparty witness must show special circumstances (see, Dioguardi v St. John's Riverside Hosp., 144 A.D.2d 333, 334). The existence of such special circumstances is not established merely upon a showing that the information sought is relevant. Rather, special circumstances are shown by establishing that the information...

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