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MTR OF FIDELITY NATL. INS.

104327/11.

34 Misc.3d 508 (2011)

933 N.Y.S.2d 847

2011 NY Slip Op 21424

In the Matter of FIDELITY NATIONAL TITLE INS. CO. for an Order Pursuant to CPLR 3102 (c) to Take the Deposition upon Oral Questions of ELIYAHU EZAQUI to Preserve Information.

Supreme Court, New York County.

Decided November 28, 2011.

Attorney(s) appearing for the Case

Cuddy & Feder, P.C., for petitioner.

OPINION OF THE COURT

PETER H. MOULTON, J.

It is ordered that this motion for an order directing the issuance of an open commission to enable movant to take the deposition of Eliyahu Ezaqui in the State of Florida, where Ezaqui is currently incarcerated, and directing Ezaqui to answer questions and not assert a Fifth Amendment privilege against self-incrimination is denied, and the underlying petition is dismissed.

Petitioner Fidelity National Title...

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