SIEMENS & HALSKE, GmbH. v. GRES


37 A.D.2d 768 (1971)

Siemens & Halske, GmbH., Respondent, v. Jacqueline M. Gres, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 28, 1971


The respondent-appellant is concededly a resident and domiciliary of New Jersey, and the subpoena was served upon her there, requesting her appearance here in New York to testify concerning her assets. The motion to quash the subpoena was on the ground that out-of-State service of a subpoena on a nonresident is void. The court at Special Term determined that the proceeding supplementary to judgment was in the nature of a "special proceeding" pursuant to CPLR 5221 (subd. ...

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