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TANNENBAUM v. TENNENBAUM

8 A.D.3d 360 (2004)

777 N.Y.S.2d 769

SUSAN L. TANNENBAUM, Respondent, v. VICTOR TENENBAUM, Appellant.

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

June 7, 2004.

Ordered that the order is affirmed, with costs.

A party seeking discovery from a nonparty witness must show special circumstances (see Lanzello v Lakritz, 287 A.D.2d 601 [2001]; Dioguardi v St. John's Riverside Hosp., 144 A.D.2d 333, 334 [1988]). The existence of such special circumstances is not established merely upon a showing that the information sought is relevant. Rather, special...

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