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NEW YORK SCHOOLS INSURANCE RECIPROCAL v. MILBURN SALES CO., INC.

2012-01697.

105 A.D.3d 716 (2013)

963 N.Y.S.2d 152

2013 NY Slip Op 2227

NEW YORK SCHOOLS INSURANCE RECIPROCAL, as Subrogee of West Babylon Union Free School District, Respondent, v. MILBURN SALES CO., INC., Doing Business as MILBURN CARPET ONE FLOORS & HOME and Another, Appellant.

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

Decided April 3, 2013.

In an action to recover damages for injury to property, the defendant appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), entered January 10, 2012, which granted the plaintiff's motion pursuant to CPLR 2304 to quash certain subpoenas and denied its cross motion to compel compliance with the subpoenas and the related notices to take the depositions of certain nonparties, "with leave to renew in the event that further discovery in this action demonstrates...

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