R.C., Plaintiff-Respondent, v. Iona Preparatory School, Defendant-Appellant. (2025)

Order, Supreme Court, New York County (Alexander Tisch, J.), entered on or about May 15, 2023, which granted plaintiff's motion to quash a nonparty subpoena, unanimously affirmed, without costs.

In this action, filed under CPLR 214–g, known as the Child Victims Act, plaintiff alleges that while he was a student at defendant school, Iona Preparatory School, he was abused by a teacher administrator.  Records with plaintiff's therapist indicate prior abuse by plaintiff's sibling, and Iona sought to depose that individual.

The motion court providently exercised its discretion by quashing the nonparty subpoena (see AQ Asset Mgt. LLC v. Levine, 111 A.D.3d 245, 260, 974 N.Y.S.2d 332 [1st Dept. 2013]).  The memory or opinion of plaintiff's prior alleged abuser bears little connection, if any, to the abuse plaintiff purportedly suffered at the hands of the administrator and the damages that abuse caused (see Andon v. 302–304 Mott St. Assoc., 94 N.Y.2d 740, 746–747, 709 N.Y.S.2d 873, 731 N.E.2d 589 [2000]).  Plaintiff has already testified concerning his therapy records and the impact of the events discussed in therapy.