43rd Street Deli Inc. doing business v Paramount Leasehold L.P. .

Motion No: M-3332

Slip Opinion No: 2018 NYSlipOp 84338(U)

Decided on September 25, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

September 25, 2018

43rd Street Deli, Inc., doing business

as Bella Vita Pizzeria,

Plaintiff-Appellant,

v

Paramount Leasehold, L.P.,

Defendant-Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about April 24, 2018, And plaintiff-appellant having moved to quash a judicial trial subpoena upon the grounds that it seeks confidential tax business record immaterial and unnecessary to the defense of this action and prosecution of the landlord's claims, and a protective order barring enforcement of the subpoena, or in the alternative, for subpoenaed records to be delivered to the trial court for in camera inspection and redaction, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied.ENTERED: September 25, 2018

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-3332

Index No. 110073/06