PAVIA v. 810 BROADWAY ASSOC.


130 Misc.2d 1054 (1986)

Phillip Pavia, Plaintiff, v. 810 Broadway Associates, Defendant.

Supreme Court, Special Term, New York County.

January 16, 1986


Attorney(s) appearing for the Case

Rosenberg & Estis, P. C., for defendant. Gustave Harrow for plaintiff.


MARTIN B. STECHER, J.

Defendant moves for an order punishing Jill Burkee and German Pucci for contempt of court because of their failure, as nonparty witnesses, to comply with a subpoena duces tecum to appear at a pretrial deposition.

The 1984 amendment to CPLR 3101 (a) (4) permits one to obtain disclosure by nonparties "upon notice stating the circumstances or reasons such disclosure is sought or required." The intent of the amendment is to liberalize...

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