In Kapon v. Koch, the New York State Court of Appeals clarified 30 years of ambiguity and division in the Appellate Departments as to CPLR 3101(a)(4), the provision governing nonparty subpoenas, and made it easier for parties to subpoena nonparties. There had been a split in the Appellate Departments concerning the standard for obtaining disclosure from a nonparty.
In Kapon, the Court of Appeals adopted the liberal discovery standard favored by the First and Fourth Departments, holding that the information sought in a subpoena upon a nonparty need only be “relevant,” and that it is not necessary for the party seeking disclosure to demonstrate that the information sought is not available from another source.
Background
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