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GERTZ v. RICHARDS

233 A.D.2d 366 (1996)

650 N.Y.S.2d 584

Jerrold E. Gertz et al., Respondents, v. Robert Richards et al., Defendants, and Jamaica Economic Growth, Inc., Appellant

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

November 12, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant's contention that the subpoena served on it was facially defective and may not be enforced since it did not contain a notice pursuant to CPLR 3101 (a) (4), is being raised for the first time on appeal, and is, therefore, unpreserved for appellate review (see, Matter of Allstate Ins. Co. v Bieder, 212 A.D.2d 693).

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