WHITFIELD v. Q-BORO BOOKS

5937N 400242/11.

159 A.D.3d 474 (2018)

70 N.Y.S.3d 52

2018 NY Slip Op 01552

JOHN WHITFIELD, Appellant, v. Q-BORO BOOKS et al., Defendants. PAUL A. CHIN, ESQ., Nonparty Respondent.

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

Decided March 8, 2018.


CPLR 2303 (a) provides, in relevant part, that "[a] subpoena requiring attendance or a subpoena duces tecum shall be served in the same manner as a summons." Here, plaintiff admitted that he did not properly serve Chin with the trial subpoena. Because service was improper, there was no lawful judicial order in effect for Chin to disobey (see El-Dehdan v El-Dehdan, 26 N.Y.3d 19

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