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Matter of Yost v. Douris

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1989
151 A.D.2d 489 (N.Y. App. Div. 1989)

Opinion

June 5, 1989

Appeal from the Family Court, Dutchess County (Bernhard, J.).


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the motion is granted, and the subpoenas are quashed.

The subpoenas served by the mother to compel various nonparty witnesses employed by the appellant to appear at depositions do not contain nor were they accompanied by a notice stating the "circumstances or reasons such disclosure is * * * required" (CPLR 3101 [a] [4]). Accordingly, the subpoenas were facially defective and may not be enforced (see, Bigman v. Dime Sav. Bank, 138 A.D.2d 438; Pavia v. 810 Broadway Assocs., 130 Misc.2d 1054). Thompson, J.P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.


Summaries of

Matter of Yost v. Douris

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1989
151 A.D.2d 489 (N.Y. App. Div. 1989)
Case details for

Matter of Yost v. Douris

Case Details

Full title:In the Matter of ROBERT YOST, Petitioner, v. KATHLEEN DOURIS, Respondent…

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

Date published: Jun 5, 1989

Citations

151 A.D.2d 489 (N.Y. App. Div. 1989)
542 N.Y.S.2d 279

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