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PETERSON v. SPARTAN INDUS., INC.

40 A.D.2d 807 (1972)

Joseph Peterson et al., Respondents, v. Spartan Industries, Inc., et al., Defendants, and Guard All Chemical Company, Inc., et al., Appellants

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

November 28, 1972

It is conceded that Wattenberg, a nonresident, was served in Connecticut and was never found in New York. The court's power to issue a subpoena is governed by section 2-b of the Judiciary Law which requires that the party served be "found in the state". Thus this out-of-State service of the subpoenas on a nonresident was unauthorized and void. (See Siemens & Halske, GmbH. v. Gres, 37 A.D.2d 768

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