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CADLEROCK JOINT VENTURE, L.P. v. PATTERSON

6321/97. Appeal No. 14700. Case No. 2020-02431.

199 A.D.3d 557 (2021)

158 N.Y.S.3d 66

2021 NY Slip Op 06535

Cadlerock Joint Venture, L.P., Appellant, v. Everton H. Patterson, Respondent, et al., Defendants.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Vlock & Associates, P.C., New York ( Steven P. Giordano of counsel), for appellant.

Concur—Kern, J.P., Gesmer, González, Shulman, Higgitt, JJ.

The postjudgment subpoena in this case was issued by plaintiff's lawyer, an officer of the court, and required that Patterson produce documents and appear for a deposition at counsel's office in Manhattan. Critical to the resolution of this appeal is whether this type of subpoena is a "judicial" subpoena, as defined by CPLR 2308(a), or a "non-judicial" subpoena, as defined by CPLR 2308(b). As the court properly noted, the disobedience...

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