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AABCO SHEET METAL CO., INC. v. LINCOLN CTR. FOR THE PERFORMING ARTS, INC.

249 A.D.2d 39 (1998)

670 N.Y.S.2d 494

Aabco Sheet Metal Co., Inc., Respondent, et al., Plaintiffs, v. Lincoln Center for the Performing Arts, Inc., et al., Defendants, and Mort Salkind, Appellant

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

April 7, 1998

The motion to quash was properly denied notwithstanding that judgment debtor, an out-of-State resident, was served with the subpoena while in New York solely to attend trial in an unrelated action (DuPont v Bronston, 46 A.D.2d 369, 372-373 [Steuer, J., dissenting]). Unlike the subpoena in DuPont, which was served on the judgment debtor while attending a Federal court proceeding, here the subpoena was served in a State court...

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