CPLR 3101(a)(4), concerning disclosure from non-parties to an action, provides for full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by anyone, upon notice stating the circumstances or reasons such disclosure is sought. The party who served the subpoena has an initial burden to show that the non-party was apprised of the circumstances or reasons that discovery is sought. If that is satisfied, it is then the burden of the person moving to quash a subpoena to establish either that the requested disclosure 'is irrelevant to the action or that the futility of the process to uncover anything legitimate is inevitable or obvious. Should the movant meet this burden, the subpoenaing party must then establish that the discovery sought is material and necessary to the prosecution or defense of the action.
Dorman v. Luva of NY, LLC, NY Slip Op 06155 (2d Dep't November 12, 2025)
