Rosenhaus Real Estate, LLC v S.A.C. Capital Mgt., Inc.
2012 NY Slip Op 07780 [100 AD3d 512]
November 15, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


Rosenhaus Real Estate, LLC, Appellant,
v
S.A.C. Capital Management, Inc., et al., Respondents et al., Defendants.

[*1] David M. Samel, New York, for appellant.

Jones Day, New York (Todd R. Geremia of counsel), for respondents.

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered on or about January 5, 2012, which granted the S.A.C. defendants' motion for a protective order, unanimously affirmed, with costs.

Plaintiff failed to show that the several S.A.C. officers and employees it had already deposed lacked information about the transactions at issue and that Steven A. Cohen, S.A.C.'s chief executive, uniquely possesses relevant information that renders his deposition necessary (see Barnwell v Emigrant Sav. Bank, 81 AD3d 518 [1st Dept 2011]; Wo Yee Hing Realty, Corp. v Stern, 74 AD3d 469 [1st Dept 2010]). Cohen's lack of involvement in the underlying transaction is undisputed, and plaintiff's assertion that he possesses relevant information is entirely speculative. Concur—Friedman, J.P., Catterson, Renwick, DeGrasse and Román, JJ.