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MATTER OF APEX FUND SERVICES (US), INC. v. MAFFEI

11466N. 151244/19.

183 A.D.3d 432 (2020)

121 N.Y.S.3d 594

2020 NY Slip Op 02739

In the Matter of Apex Fund Services (US), Inc., Respondent, v. Stephen Maffei et al., Appellants.

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

Decided May 7, 2020.

The court providently exercised its discretion in granting Apex's application to quash the subpoena. The information sought is irrelevant to the New Jersey action, as it relates to the SEC's investigation of Apex's handling of investment funds that are not at issue in the New Jersey action (see Matter of Kapon v Koch, 23 N.Y.3d 32, 34 [2014]). Further, quashing the subpoena is justified...

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