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23/23 COMMUNICATIONS v. GMC

172 Misc.2d 821 (1997)

660 N.Y.S.2d 296

23/23 Communications Corp., Doing Business as Communications Diversified, Plaintiff, v. General Motors Corporation, Defendant.

Supreme Court, New York County.

April 28, 1997

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett, New York City, for defendant. Kelley Drye & Warren, New York City, for plaintiff.

LEWIS R. FRIEDMAN, J.

This motion to quash a trial subpoena presents a question which occurs often at trials and is one about which most counsel have instinctive reactions; yet the issue has not been clearly resolved in the reported cases. The question presented is whether a party may serve a trial subpoena on a corporate party for the production of an employee located out of State as a witness.

Plaintiff in the middle of this protracted breach...

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