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SMITH v. CITY OF NEW YORK

49 A.D.3d 400 (2008)

854 N.Y.S.2d 44

SHAMEL SMITH, Appellant, v. CITY OF NEW YORK, Defendant. DISTRICT ATTORNEY, NEW YORK COUNTY, Nonparty Respondent.

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

Decided March 18, 2008.

The quashing of the subpoena was a proper exercise of judicial discretion (see Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403, 406 [1968]). Plaintiff failed to establish that the ADA's deposition testimony as to her motives for charging plaintiff with possession of a forged instrument in an underlying criminal action, and instructing the grand jury in the way she did, is "material and necessary" to this malicious prosecution action...

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