LEVY v. GRANDONE


8 A.D.3d 630 (2004)

779 N.Y.S.2d 558

DAVID LEVY, Respondent, v. CHERYL GRANDONE, Appellant.

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

June 28, 2004.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances of this case, the Supreme Court properly denied the defendant's motion to quash the subpoenas duces tecum served upon the nonparty telephone company and management company which managed the defendant's residence.

Although the documents were improperly obtained from the nonparties without a motion on notice to the defendant (see CPLR former...

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