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VELEZ v. HUNTS POINT CTR.

29 A.D.3d 104 (2006)

811 N.Y.S.2d 5

CAROLINE VELEZ, as Guardian of the Person and Property of RAMON S. VELEZ, an Incompetent, Respondent, v. HUNTS POINT MULTI-SERVICE CENTER, INC., Defendant and Third-Party Plaintiff-Appellant. RAMON S. VELEZ FAMILY TRUST, Third-Party Defendant-Respondent. SOUTH BRONX COMMUNITY MANAGEMENT COMPANY, INC., et al., Nonparty Respondents.

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

February 9, 2006.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Jeffrey D. Fields, Evan H. Krinick and Cheryl F. Korman of counsel), for appellant.

Underweiser & Underweiser, White Plains (Barry L. Mendelson, Irwin P. Underweiser and Jeffrey B. Underweiser of counsel), for Caroline Velez and Ramon S. Velez Family Trust, respondent.

Anthony E. Core, P.C., Westbury (Anthony E. Core and Jacqueline M. Caputo of counsel), and Goldberg and Weinberger, Redding, Connecticut (Lewis Goldberg of counsel), for nonparty respondents.

FRIEDMAN, SULLIVAN and MALONE, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.P.

The principal issue on this appeal is whether, in the circumstances presented, the motion court properly granted motions to quash certain nonparty subpoenas duces tecum on the ground that they were defective on their face because they failed to comply with CPLR 3101 (a) (4), which requires that a request for disclosure from "any other person," i.e., a nonparty witness, be...

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