OAK BEACH INN CORP v. TOWN OF BABYLON

Reset A A Font size: Print

Supreme Court, Appellate Division, Second Department, New York.

OAK BEACH INN CORP., et al., Appellants, v. TOWN OF BABYLON, Respondent.

Decided: May 27, 1997

Before ROSENBLATT, J.P., and COPERTINO, PIZZUTO, KRAUSMAN and FLORIO, JJ. John Cucci, Jr., Deer Park, for appellants. Martin, Fallon & Mullé, Huntington, (Richard C. Mullé on the brief), for respondent.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Feuerstein, J.), dated June 27, 1996, as denied their application to compel compliance with a subpoena duces tecum.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The proposed subpoena duces tecum, which requires the New York State Police Department to produce all of its documents and records concerning the plaintiffs and its investigation of the plaintiffs, is overly broad (see, Grotallio v. Soft Drink Leasing Corp., 97 A.D.2d 383, 468 N.Y.S.2d 4).   The plaintiffs are improperly attempting to engage in general discovery or a “fishing expedition” through the use of a subpoena.   As such, their application for the issuance of the proposed subpoena was properly denied (see, People v. Gissendanner, 48 N.Y.2d 543, 423 N.Y.S.2d 893, 399 N.E.2d 924;  Matter of D'Alimonte v. Kuriansky, 144 A.D.2d 737, 535 N.Y.S.2d 151;  Matter of Gelderman, 111 A.D.2d 332, 333, 489 N.Y.S.2d 315).

MEMORANDUM BY THE COURT.

Copied to clipboard