ANONYMOUS v. AXELROD


92 A.D.2d 789 (1983)

Anonymous, Respondent, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Appellants

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

March 8, 1983


Silverman, J.

This action is brought in the form of an action for declaratory judgment and for an injunction. But, the relief sought is essentially to quash a subpoena duces tecum. There is, however, an established form of procedure for such relief, a motion to quash the subpoena under CPLR 2304. And indeed, plaintiff's motion sought relief under that section as well as CPLR 6311 and 6312, which relate to preliminary injunctions. Declaratory judgment...

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