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LAZZARO v. COUNTY OF NASSAU

240 A.D.2d 546 (1997)

659 N.Y.S.2d 980

Margaret Lazzaro, Respondent, v. County of Nassau et al., Appellants

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

June 16, 1997

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the subpoena duces tecum which the defendants served upon a nonparty, Joseph Lazzaro, was facially defective because it neither contained nor was accompanied by a notice stating the "circumstances or reasons such disclosure is * * * required" (CPLR 3101 [a] [4]; see, Bigman v Dime Sav. Bank, 138 A.D.2d 438).

The defendants...

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