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ADELHARDT CONSTR. CORP. v. CITICORP N. AM., INC.

Index No. 655186/18. Appeal No. 14928-14928A. Case Nos. 2021-00254, 2021-00473.

200 A.D.3d 588 (2021)

155 N.Y.S.3d 762

2021 NY Slip Op 07496

Adelhardt Construction Corp., Plaintiff, v. Citicorp North America, Inc., et al., Appellants. New York County District Attorney's Office et al., Nonparty Respondents.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Alonso Andalkar & Facher, P.C., New York ( Mark J. Alonso of counsel), for appellants.

Cyrus R. Vance, Jr. , District Attorney, New York ( Robin A. McCabe of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, Gesmer, González, Rodriguez, JJ.

The IAS court properly rejected defendants' subpoenas to the extent they sought grand jury material in this private commercial dispute. Defendants have failed to show a "compelling and particularized" need for access to such documents (Matter of District Attorney of Suffolk County, 58 N.Y.2d 436, 444 [1983]; CPL 190.25[4][a]). There are no allegations that plaintiff fraudulently procured the relevant construction contracts. Even...

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