Smith v. City of New York

The quashing of the subpoena was a proper exercise of judicial discretion (see Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]). Plaintiff failed to establish that the ADA’s deposition testimony as to her motives for charging plaintiff with possession of a forged instrument in an underlying criminal action, and instructing the grand jury in the way she did, is “material and necessary” to this malicious prosecution action against the City (CPLR 3101 [a]; see generally Blittner v Berg & Dorf, 138 AD2d 439 [1988]). Such an action based on the allegedly malicious or improper acts of an…