MATTER OF NORKIN v. HOEY


181 A.D.2d 248 (1992)

In the Matter of David Norkin et al., Respondents, v. Patrick T. Hoey, as First Deputy Commissioner of the Department of Investigation of The City of New York, et al., Appellants, et al., Respondent

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

June 25, 1992


Attorney(s) appearing for the Case

Alan G. Krams of counsel (Fay Leoussis and Barry P. Schwartz with him on the brief; Victor A. Kovner, Corporation Counsel, attorney), for appellants.

Davidoff & Malito for respondent.

SULLIVAN, J. P., and MILONAS, J., concur with ELLERIN, J.; KUPFERMAN, J., concurs in a separate opinion.


ELLERIN, J.

The issue before us is whether petitioners-respondents, David Norkin and Britestarr Homes, Inc. (Britestarr), may challenge a subpoena duces tecum served upon Lloyd's Bank PLC (Lloyd's) for production of bank records relating to a loan made by Lloyd's to Britestarr, a New York corporation of which Norkin is the president and sole stockholder.

A subpoena duces tecum was served upon Lloyd's...

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