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BLAKE v. LP 591 OCEAN REALTY

237 A.D.2d 554 (1997)

655 N.Y.S.2d 635

Roshane Blake et al., Respondents, v. Lp 591 Ocean Realty et al., Respondents, and New York City Department of Health, Appellant. (And Another Title.)

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

March 31, 1997

Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and so much of the order as directed the nonparty New York City Department of Health to produce a nonparty witness for deposition is deleted.

CPLR 3120 (b) provides, in relevant part, that a nonparty to an action "may be directed by order to do whatever a party may be directed to do". However, it also requires that such nonparty "shall be served with the notice of motion in...

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