KONDRATICK v. ORTHODOX CHURCH IN AMERICA

2009-07835

73 A.D.3d 708 (2010)

900 N.Y.S.2d 360

ELIZABETH KONDRATICK, Respondent, v. ORTHODOX CHURCH IN AMERICA, Appellant, et al., Defendant. (Action No. 1.). ORTHODOX CHURCH IN AMERICA, Appellant, v. ROBERT S. KONDRATICK, et al., Respondents. (Action No. 2.).

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

Decided May 4, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of Elizabeth Kondratick, the plaintiff in action No. 1 and a defendant in action No. 2, to quash two subpoenas duces tecum served by the Orthodox Church in America upon the nonparty JP Morgan Chase Bank is denied.

Although the general rule is that there shall be "full disclosure of all matter material and necessary in the prosecution... of an action" (CPLR 3101 [a]...

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