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PLAZA OPERATING v. IRM INC.

143 Misc.2d 22 (1989)

Plaza Operating Partners Ltd., Petitioner, v. IRM (U.S.A.) Incorporated et al., Respondents.

Civil Court of the City of New York, New York County.

March 21, 1989

Attorney(s) appearing for the Case

C. Steven Horn for IRM (U.S.A.) Incorporated, respondent. Dreyer & Traub (Menachem J. Kastner of counsel), for petitioner.

MARTIN SCHOENFELD, J.

The issue presented is whether a party in a summary proceeding must initially serve a subpoena before the court may grant leave to depose a nonparty witness? The court finds that as a first step, service of such subpoena is unwarranted.

In this holdover proceeding respondent tenant moves to take the oral deposition of the New York Westin Hotel Company (Westin), a nonparty witness...

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