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RUBINO v. 330 MADISON CO

110134/2011.

39 Misc.3d 450 (2013)

958 N.Y.S.2d 587

2013 NY Slip Op 23026

WILLIAM RUBINO et al., Plaintiffs, v. 330 MADISON Co., LLC, et al., Defendants. THYSSENKRUPP ELEVATOR AMERICAS, Nonparty Movant. (And a Third-Party Action.)

Supreme Court, New York County.

January 29, 2013.

Attorney(s) appearing for the Case

Bryan J. Weisburd , White Plains, for Thyssenkrupp Elevator Americas, nonparty. Sacks & Sacks, LLP, New York City, for plaintiffs. Barry McTiernan & Moore, New York City, for 330 Madison Company LLC and another, defendants. Conway, Goren & Brandman, Melville, for Waldorf Demolition, third-party defendant. O'Connor Redd LLP, White Plains, for Michael Mazzeo Electric Corp., third-party defendant. McElroy Deutsch Mulvaney & Carpenter, LLP, New York City, for Corporate Electric Group, Inc., third-party defendant.

OPINION OF THE COURT

DORIS LING-COHAN, J.

The within motion by nonparty Thyssenkrupp Elevator Americas, pursuant to CPLR 2304 and 3103, to quash a subpoena dated October 24, 2012, served by third-party defendant Corporate Electric Group, Inc., and for a protective order is denied, as the proper procedure for objecting to a subpoena has not been followed.

CPLR 2304, titled "Motion to quash, fix conditions or modify," provides, in relevant part, that...

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