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AABCO METAL v. LINCOLN CTR.

174 Misc.2d 232 (1997)

663 N.Y.S.2d 490

AABCO Sheet Metal Co., Inc., et al., Plaintiffs, v. Lincoln Center for the Performing Arts, Inc., et al., Defendants.

Supreme Court, New York County.

August 11, 1997

Attorney(s) appearing for the Case

Zizholtz & Zizholtz, Mineola, for plaintiff. Rosen & Avigliano, New York City (Wayne L. DeSimone of counsel), for Mort Salkind, defendant.

PAULA J. OMANSKY, J.

Motion sequences 009 and 010 are combined for purposes of decision. Plaintiff seeks to punish Salkind for contempt based on his refusal to appear for a deposition pursuant to a subpoena ad testificandum served pursuant to CPLR 5224 (a) (1). Defendant Mort Salkind seeks to quash the subpoena and vacate a restraining notice.

Plaintiff served the subpoena upon Salkind as he was about...

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