Hudson Valley Marine, Inc. v. Town of Cortlandt

In an action to recover damages for malicious prosecution, the defendants appeal (1) from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered December 21, 2004, which granted the plaintiffs motion for a protective order quashing a subpoena duces tecum and denied their cross motion to compel compliance with the subpoena duces tecum, and (2), as limited by their brief, from so much of an order of the same court entered May 11, 2005; as, upon reargument, adhered to the prior determination.

Ordered that the appeal from the order entered December 21, 2004 is dismissed, as…