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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