In Schwarz v. Schwarz, 227 A.D.2d 611 (2nd Dept., 1996) the Appellate Division, Second Department reversed the lower court's order directing the defendant's counsel to comply with a subpoena and submit to a deposition by plaintiffs counsel. The Appellate Court noted that the plaintiff had " . . .failed to establish the requisite special circumstance to justify her demand for nonparty disclosure regarding the source of an appeal bond held in escrow by defendant's counsel, since she failed to demonstrate that the information sought was otherwise unobtainable (see, Dioguardi v. St. John's Riverside Hosp., 144 A.D.2d 333) and the deposition testimony of the defendant suggests that this information was either already obtained or is obtainable from the defendant himself."