§Why CasetextPricing

In the Matter of John Kapon, et al., Appellants,v.William I. Koch, Respondent.

Brief

12 Cited authorities

  1. Oppenheimer Fund, Inc. v. Sanders

    437 U.S. 340 (1978)   Cited 4,382 times   20 Legal Analyses
    Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."

  2. Koch v. Acker, Merrall & Condit Co.

    2012 N.Y. Slip Op. 2254 (N.Y. 2012)   Cited 273 times
    Holding that disclaimers set forth in defendant's catalogs did not establish a defense at the 12(b) stage

  3. Kooper v. Kooper

    74 A.D.3d 6 (N.Y. App. Div. 2010)   Cited 164 times
    In Kooper v Kooper, 74 AD3d 6, 16-17 (2d Dept 2010), a matrimonial action in which the wife subpoenaed the husband's financial documents from third parties, the court held it was not enough that the disclosure was material and necessary; the subpoenaing party also had to show, for example, that the information could not be obtained from other sources.

  4. Tannenbaum v. City of New York

    30 A.D.3d 357 (N.Y. App. Div. 2006)   Cited 89 times
    Holding that trial court properly exercised its discretion in denying requests to depose a non-party in the absence of special circumstances

  5. Cirale v. 80 Pine St. Corp.

    35 N.Y.2d 113 (N.Y. 1974)   Cited 199 times
    Holding that a wrongful death plaintiff did not show adequate special circumstances to support non-party discovery-from a government agency where plaintiff did not "indicate what endeavors, if any, were undertaken to obtain" independent evidence

  6. Matter of Sutka v. Conners

    73 N.Y.2d 395 (N.Y. 1989)   Cited 105 times
    Stating that courts are bound to give effect to the intent of the legislature as expressed, first, in the text of the statute and, second, in the "such facts . . . as may . . . legitimately reveal [legislators' intent]"

  7. United States v. Stanchich

    550 F.2d 1294 (2d Cir. 1977)   Cited 110 times
    Holding that “mere negative acquiescence ... in the criminal conduct of others, even with guilty knowledge, is not sufficient to establish aiding and abetting”

  8. Ledonne v. Orsid Realty Corp.

    83 A.D.3d 598 (N.Y. App. Div. 2011)   Cited 29 times   1 Legal Analyses

    No. 4912N. April 26, 2011. Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered November 8, 2010, which, to the extent appealed from, granted plaintiffs' motion to compel compliance with subpoenas seeking production of certain surveillance equipment and tapes, and denied the nonparty appellants' cross motion for a protective order, unanimously affirmed, without costs. Michael J. Berman Associates, P.C., New York (Michael J. Berman of counsel), for appellants. Alterman Boop LLP,

  9. In re Sand

    80 A.D.3d 199 (N.Y. App. Div. 2010)   Cited 27 times

    No. 509783. December 16, 2010. APPEAL from an order of the Supreme Court, Rensselaer County (Michael C. Lynch, J.), entered August 20, 2009 in a combined proceeding pursuant to CPLR article 78 and action for, among other things, declaratory judgment. The order, insofar as appealed from, granted Katherine Bader's motion to quash a subpoena issued by petitioners. Tuczinski, Cavalier, Gilchrist Collura, P.C., Albany ( Jonathon B. Tingley of counsel), for appellants. Donohue, Sabo, Varley Huttner, L

  10. Matter of Ayliffe and Companies

    166 A.D.2d 223 (N.Y. App. Div. 1990)   Cited 25 times
    Holding that the courts "will afford the widest possible latitude in the conduct of such examinations"