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MTR OF KAPON v. KOCH

No. 63.

23 N.Y.3d 32 (2014)

11 N.E.3d 709

988 N.Y.S.2d 559

2014 NY Slip Op 2327

In the Matter of JOHN KAPON et al., Appellants, v. WILLIAM I. KOCH, Respondent.

Court of Appeals of New York.

Decided April 3, 2014.

Attorney(s) appearing for the Case

Zuckerman Spaeder LLP, New York City ( Paul Shechtman and Brian K. Mahanna of counsel), and The Weinstein Law Firm PLLC ( Andrew J. Weinstein of counsel), for appellants.

Irell & Manella LLP, Los Angeles, California ( Moez M. Kaba , John C. Hueston and Bruce A. Wessel of counsel), and Morvillo Abramowitz Grand Iason & Anello P.C., New York City ( Edward M. Spiro and Adam L. Pollock of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, RIVERA and ABDUS-SALAAM concur; Judge SMITH taking no part.

OPINION OF THE COURT

PIGOTT, J.

This appeal involves the service of a subpoena by a party seeking discovery from a nonparty pursuant to CPLR 3101 (a) (4), the subpoenaing party's notice obligation to a nonparty under that statutory provision, and the witness's burden when moving to quash the subpoena. We conclude that the subpoenaing party must first sufficiently state the "circumstances or reasons" underlying...

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