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SMITH v. SMITH

15550/09.

41 Misc.3d 412 (2013)

970 N.Y.S.2d 451

2013 NY Slip Op 23271

LORRAINE SMITH, as Administrator of the Estate of HELEN BROOKS SMITH, Also Known as HELEN L. SMITH, Deceased, Plaintiff, v. ALBERT L. SMITH et al., Defendants.

Supreme Court, Kings County.

Decided August 8, 2013.

Attorney(s) appearing for the Case

Friedman Harfenist Kraut & Perlstein LLP, Lake Success ( Andrew C. Lang of counsel), for Manufacturen and Traders Trust Company, defendant.

Howard M. Lefkowitz , Chappaqua, for Albert L. Smith , defendant.

Mark E. Feinberg , Brooklyn, for plaintiff.

OPINION OF THE COURT

FRANCOIS A. RIVERA, J.

By order to show cause filed on April 11, 2013 under motion sequence 8, defendant Manufacturers and Trader's Trust Company (hereinafter MTTC) has moved for an order pursuant to CPLR 3108 and 3111 directing an open commission to take the deposition of Charles Smith (hereinafter C. Smith), a nonparty resident of Georgia, and to request the Georgia Superior Court for the County of Cobb to issue subpoenas ad testificandum...

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