On August 25, 2022, Justice Chan of the New York County Commercial Division issued a decision in Ohi Asset (NY) 93rd St., LLC v. Consigli Constr. Co., Inc., 2022 NY Slip Op. 32908(U), holding that a party has standing to challenge a third-party subpoena when it has a proprietary interest in the records being sought, explaining:
As to the threshold standing issue, a person other than one to whom a subpoena is directed has standing to move to quash the subpoena where he or she has a proprietary interest in the subject documents or where they involve privileged communications. Defendants have standing to challenge the subpoenas because they have a sufficient interest in the records sought as these records are related to defendants’ financial insurance purchase transactions.
The cases plaintiff cites are unavailing. Defendants’ interest is not based on contracts in which defendants are party. Defendants’ standing is based on their sufficient interest in the materials sought, not the mere fact that the subpoenaed non·party (Alliant) may supply adverse information regarding Consigli.
(Internal citations omitted).