LEBOVITS v. PSFB ASSOCS.


168 A.D.2d 785 (1990)

Yechiel Lebovits, Respondent, v. PSFB Associates et al., Defendants, and Pine Shade Builders, Inc., et al., Appellants

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

December 13, 1990


Levine, J.

During the discovery phase of this action, defendants Pine Shade Builders, Inc. and Nachman Eagle (hereinafter collectively referred to as defendants) made a motion to hold a nonparty witness in contempt for failure to testify at an examination before trial (hereinafter EBT) in accordance with a subpoena. In response to defendants' motion, the nonparty witness cross-moved to quash the subpoena and plaintiff's counsel submitted an affirmation...

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