Bycomp, Inc. v. New York Racing Ass'n

Appellate Division of the Supreme Court of New York

Bycomp, Inc. v. New York Racing Ass'n

126 A.D.2d 815, 510 N.Y.S.2d 312, 1987 N.Y. App. Div. LEXIS 41956

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 8, 1987

StatusPublished

Cited by1 cases

This text of 126 A.D.2d 815 (Bycomp, Inc. v. New York Racing Ass'n) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bycomp, Inc. v. New York Racing Ass'n, 126 A.D.2d 815, 510 N.Y.S.2d 312, 1987 N.Y. App. Div. LEXIS 41956 (N.Y. Ct. App. 1987).

Pincite

Opinion

Mikoll, J.

Appeal from an order of the Supreme Court (Cobb, J.), entered April 7, 1986 in Greene County, which, inter alia, granted plaintiffs motion for a protective order.

Plaintiff is suing defendant to recover money damages for cancellation of a contract for removal of horse manure from the Saratoga Race Track. Defendant counterclaimed alleging that plaintiff had breached the contract and for property damage caused to defendant’s property by plaintiff.

The sole issue here is whether the protective order vacating a notice for examination before trial of a nonparty witness and vacating a subpoena duces tecum served on plaintiffs accountant was properly issued. There must be an affirmance. Defendant has failed to comply with CPLR 3101 (a) (4) and 3120. Defendant’s demand is too broad. Relevancy of the demand to the claims of the parties has not been established.

Order affirmed, with costs. Main, J. P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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