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NEEDLEMAN v. TORNHEIM

2011-02640

88 A.D.3d 773 (2011)

930 N.Y.S.2d 896

2011 NY Slip Op 7206

SCOTT NEEDLEMAN et al., Appellants, v. CHAIM TORNHEIM et al., Defendants. QUIN REALTY CORP., Nonparty Respondent.

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

Decided October 11, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contention, the Supreme Court properly granted that branch of the motion of the nonparty, Quin Realty Corp., which was to quash the subject subpoena duces tecum, since the record fails to demonstrate that service of the subpoena was made on all parties to the action as required by statute (see CPLR 3120 [3]; 2303;...

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