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ALPERT v. ALPERT

28490/85. 4268N. 4267.

151 A.D.3d 541 (2017)

2017 NY Slip Op 04807

58 N.Y.S.3d 15

JACK L. ALPERT et al., Appellants, and EUGENE ALPERT, as Executor of JACK L. ALPERT, Deceased, Appellant, v. ZANE ALPERT et al., Defendants. DEBBIE ALPERT, Nonparty Respondent.

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

Decided June 13, 2017.

The judgment creditor's argument that nonparty Debbie Alpert (the judgment debtor's daughter-in-law) lacks standing to move to quash subpoenas directed at her bank is unpreserved, and we decline to review it.

The judgment creditor is correct that with respect to the December subpoena Alpert failed to establish "either that the discovery sought is utterly irrevelant to the action or that the futility of the process to uncover...

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