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MTR. OF D'AGOSTINO (KOSER)

181 Misc.2d 710 (1999)

695 N.Y.S.2d 473

In the Matter of RALPH S. D'AGOSTINO for an Order Compelling MARK KOSER et al. to Appear and Answer Questions under Oath Regarding Matters Set Forth in the Subpoena and Produce Related Records.

Supreme Court, Richmond County.

July 12, 1999.

Attorney(s) appearing for the Case

Aaronson, Rappaport, Feinstein & Deutch, L. L. P., New York City, for Mark Koser.

McDonough, Korn, Eichman & Boyle, Springfield, New Jersey, for Ralph S. D'Agostino.

OPINION OF THE COURT

ALAN L. LEBOWITZ, J.

Motion by nonparty witness, Mark Koser, M.D., for an order pursuant to CPLR 2304 quashing a nonparty subpoena for an oral examination before trial and/or an order of protection pursuant to CPLR 3122 with regard to the testimony sought by the subpoena is decided in accordance with the decision/order below.

The underlying facts of this action as set forth...

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