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CAPACITY GROUP OF NY, LLC v. DUNI

2019-08249. Index No. 601202/17.

186 A.D.3d 1482 (2020)

131 N.Y.S.3d 373

2020 NY Slip Op 05028

Capacity Group of NY, LLC, Appellant, v. Michael A. Duni et al., Respondents. (And a Third-Party Action.).

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

Decided September 23, 2020.

Ordered that the order is affirmed insofar as appealed from, with costs.

In February 2017, the plaintiff commenced this action, inter alia, to recover damages for breach of contract. Between December 2018 and April 2019, the plaintiff served various subpoenas duces tecum and subpoenas ad testificandum on numerous nonparties, including alleged former customers of the plaintiff and one of its competitors. The defendants...

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