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RICKICKI v. BORDEN CHEM.

195 A.D.2d 986 (1993)

600 N.Y.S.2d 397

David Rickicki et al., Appellants, v. Borden Chemical, a Division of Borden, Inc., et al., Respondents

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

July 16, 1993

Order insofar as appealed from unanimously reversed on the law with costs, motion granted and subpoena quashed.

Memorandum:

It is undisputed that the subpoena served upon the nonparty doctor did not contain nor was it accompanied by a notice stating "the circumstances or reasons such disclosure is sought or required" (CPLR 3101 [a] [4]). Thus, the subpoena was facially defective and may not be enforced (see, Matter of Yost v Douris,

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