As accurately characterized by the IAS Court, respondent's more than year-long avoidance of petitioners' attempts to take his deposition, authorized by the New Jersey court in October 1997, were "studious." Such avoidance included a successful challenge to a prior contempt motion on the ground that the subpoena witness fee required by CPLR 2303 was never tendered. The subject subpoena, along with a check representing payment of the required witness fee, was served on respondent...
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