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LUSCHER v. ONE BEACON INS. GROUP

23 Misc.3d 637 (2009)

874 N.Y.S.2d 783

CHARLES LUSCHER, by ROSEMARY LUSCHER, as Guardian, Plaintiff, v. ONE BEACON INSURANCE GROUP et al., Defendants.

Supreme Court, Kings County.

Decided February 25, 2009.

Attorney(s) appearing for the Case

Law Office of Scott Seskin, New York City, for Anibal Arrua, nonparty.

L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, for defendants.

Keegan Keegan Ross & Rosner, LLP, Patchogue, for plaintiff.

OPINION OF THE COURT

HERBERT KRAMER, J.

Is the doctrine of collateral estoppel available to a nonparty witness who seeks to quash a subpoena ad testificandum that issued in a legal malpractice action?

The defendants in this legal malpractice action seek to take the deposition of nonparty, Anibal Arrua, by subpoena.1 On January 20, 2009, the witness by his attorney made...

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