General
New Hampshire Insurance Company, Appellant, v. Varda, Inc., et al., Respondents, et al., Defendants. (And a Third-Party Action.)
261 A.D.2d 135687 N.Y.S.2d 261·New York Supreme Court, Appellate Division·1999·NY
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Opinion
New Hampshire Insurance Company, Appellant, v Varda, Inc., et al., Respondents, et al., Defendants. (And a Third-Party Action.)
[687 NYS2d 261]
[MAJORITY]
—Order, Supreme Court, New York County (Carol Huff, J.), entered July 23,1998, which denied plaintiffs motion to quash a subpoena duces tecum served upon a nonparty, unanimously affirmed, without costs.
Plaintiffs motion to quash was properly denied, since the information sought by defendants’ subpoena duces tecum was not “ ‘utterly irrelevant to any proper inquiry* ” (Ayubo v Eastman Kodak Co., 158 AD2d 641, 642; Pagan v City of New York, 180 AD2d 545). We have considered plaintiffs additional arguments and find them unavailing. Concur — Tom, J. P., Wallach, Lerner and Rubin, JJ.