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DUPONT v. BRONSTON

46 A.D.2d 369 (1974)

Pierre S. DuPont, Respondent, v. Samuel Bronston, Appellant

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

December 30, 1974.

Attorney(s) appearing for the Case

Julius November (Irving Levine with him on the brief), attorney for appellant.

Herbert Plaut for respondent.

NUNEZ and MURPHY, JJ., concur with McGIVERN, P. J.; STEUER, J., dissents in an opinion in which CAPOZZOLI, J., concurs.

McGIVERN, P. J.

Judgment debtor, a nonresident, invokes the ancient privilege of immunity from service of process as ground for an order quashing a CPLR 5224 (subd. [a], par. 1) subpoena ad testificandum, and thus doing, poses the central issue for determination.

The subpoena was served upon the judgment debtor on June 19, 1973, in the corridor adjacent to the second floor courtroom of the United...

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