PERNICE v. DEVORA


238 A.D.2d 558 (1997)

657 N.Y.S.2d 70

John Pernice, Respondent, v. Glen G. Devora et al., Respondents. Ralph Olsen, Nonparty Appellant

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

April 28, 1997


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The purpose of a subpoena is to compel the production of specific documents that are relevant and material to facts at issue in a pending judicial proceeding (see, Matter of Terry D., 81 N.Y.2d 1042). By the use of the subpoena duces tecum at issue, the plaintiff sought to obtain from Dr...

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