Justice Robert J. Muller
Defendants Tanya Kaisan and Tamara Chomiak were the majority shareholders of the Lake George resort Twin Bay Village, while plaintiffs Leon and Leonora Chomiak were the minority shareholders. Plaintiffs served an amended subpoena duces tecum on Glen Falls National Bank & Trust seeking production of documents pertaining to bank accounts of various non-parties, including Tanya's husband, Myron. Defendants moved to quash the amended subpoenas. The court noted while CPLR 3101(a)(1) provided for full disclosure of all material and necessary matters in the prosecution or defense of an action, the statute distinguished between parties and non-parties, noting §3101(a)(4) required "something more than mere relevance or materiality" when disclosure was sought from a non-party. It found that in light of the marital relationship between Myron and Tanya, and the fact she refused to answer any questions concerning him, including his income and that they filed separate tax returns, the court denied the motion to quash the amended subpoenas. The court found Myron's bank accounts at Glen Falls National Bank & Trust may prove relevant to the action, and the accounts could not be obtained from any other sources.
