Mida Parking Corp. v. Woodner

Appellate Division of the Supreme Court of New York

Mida Parking Corp. v. Woodner

179 A.D.2d 401, 578 N.Y.S.2d 415, 1992 N.Y. App. Div. LEXIS 125

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

DecidedJanuary 9, 1992

StatusPublished

This text of 179 A.D.2d 401 (Mida Parking Corp. v. Woodner) 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

Mida Parking Corp. v. Woodner, 179 A.D.2d 401, 578 N.Y.S.2d 415, 1992 N.Y. App. Div. LEXIS 125 (N.Y. Ct. App. 1992).

Pincite

Opinion

Since the materials sought concern an issue — the fair market rental value of the subject premises for the period March 1987 to June 1987 — that has been litigated and decided in a prior holdover proceeding in Civil Court between the parties, the production of such materials is unnecessary to the resolution of any outstanding controversies between the parties, and the subpoena was properly quashed regardless of defendants’ standing to make the motion or whether it was timely or otherwise procedurally viable. Concur — Rosenberger, J. P., Wallach, Ross and Smith, JJ.

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Since the materials sought concern an issue — the fair market rental value of the subject premises for the period March 1987 to June 1987 — that has been litigated and decided in a prior holdover proceeding in Civil Court between the parties, the production of such materials is unnecessary to the resolution of any outstanding controversies between the parties, and the subpoena was properly quashed regardless of defendants’ standing to make the motion or whether it was timely or otherwise procedurally viable. Concur — Rosenberger, J. P., Wallach, Ross and Smith, JJ.

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Bluebook (online)

179 A.D.2d 401, 578 N.Y.S.2d 415, 1992 N.Y. App. Div. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mida-parking-corp-v-woodner-nyappdiv-1992.