Ordered that the order is affirmed, with costs.
Pursuant to CPLR 3120 (b), a motion for the production of documents, etc., upon a nonparty "shall be on notice to all adverse parties". In the present action, the petitioner failed to sufficiently notify the respondent, an adverse party, of its issuance of subpoenas duces tecum upon a number of nonparty witnesses. Consequently, it was proper for the Referee to quash the subpoenas.
Furthermore, the Referee, who...
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