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Leef v. Evers

88 Misc. 2d 178 Court Supreme Court, Appellate Term, First Department, Decision date 1976-05-19 English

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p. 178
Joel L. Leef, Respondent, v Cornelius Evers, Also Known as Neal Evers, Defendant. Probation Department of the City of New York, Appellant.
Supreme Court, Appellate Term, First Department,
May 19, 1976
p. 179
W Bernard Richland, Corporation Counsel (L. Kevin Sheridan and Irving Cohen of counsel), for appellant. Joel L. Leef, respondent prose.

In the absence of an appropriate showing by plaintiff of the relevant surrounding circumstances including the efforts, if any, made to obtain the desired information by other means and the alternative unavailability of such information, it was an abuse of discretion to deny appellant’s application to quash the subpoena and to direct it to transmit the specified information.

Order entered February 27, 1975 (Egeth, J.) reversed and motion to quash subpoena granted, with $10 costs.

Concur: Markowitz, J. P., Hughes and Riccobono, JJ.