FRANK DELEONARDIS, plf-ap, v. JACK HARA def-res

283N. FRANK DELEONARDIS, plf-ap, v. JACK HARA def-res — Montgomery McCracken Walker & Rhoads LLP, New York (Charles Palella of counsel), for ap — Mishaan Dayon & Lieblich, New York (Matthew A. Bondy of counsel), for res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered October 15, 2014, which granted defendants’ motion for a protective order and to quash the subpoenas served upon the nonparty accounting firms, unanimously affirmed, without costs.

In this action sounding in alter ego liability and fraudulent conveyance, the IAS Court providently exercised its discretion in determining that the documents sought through plaintiff’s Second Notice for Discovery & Inspection, as well as through the nonparty subpoenas served on defendants’ accountants, were not material and necessary to proving the allegations in the complaint, and were otherwise undiscoverable (Andon v. 302-304 Mott St. Assoc., 94 NY2d 740, 746 [2000]; see 148 Magnolia, LLC v. Merrimack Mut. Fire Ins. Co., 62 AD3d 486, 487 [1st Dept 2009]; CPLR 3101(a).