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FEINER & LAVY, P.C. v. ZOHAR

Index No. 656169/17. Appeal No. 16580. Case No. 2022-01807.

210 A.D.3d 408 (2022)

175 N.Y.S.3d 728

2022 NY Slip Op 06083

Feiner & Lavy, P.C., Appellant, v. Gadi Zohar et al., Respondents.

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

Decided November 1, 2022.

Attorney(s) appearing for the Case

Law Offices of Richard G. Monaco, P.C., Bronx ( Richard G. Monaco of counsel), for appellant.

Levine & Blit, PLLC, New York ( Matthew J. Blit of counsel), for respondents.

Concur—Gische, J.P., Gesmer, Oing, Kennedy, Scarpulla, JJ.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered April 22, 2022, which granted defendants' motion to quash subpoenas served by plaintiff on their banking institutions, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in quashing the subpoenas, as defendants established that plaintiff was improperly using them to secure discovery after the note of issue had been filed (see Bour v 259 Bleecker LLC,

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