Under the unique circumstances presented, service of the subpoena upon defendant's New York attorneys pursuant to court order was permissible (see, Judiciary Law § 2-b; CPLR 2303). While not determinative, we note that defendant was actively litigating a related Federal action in the United States District Court located within this State.
Sullivan, P.J., and Lerner, J., concur in a memorandum by Sullivan, P.J., as follows:
Upon an ex parte<...
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