Opinion
1125N
May 13, 2003.
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered December 10, 2002, which granted defendant Crescent Contracting Corporation's motion to quash four subpoenas issued by counsel for defendant Perini Corporation, unanimously affirmed, without costs.
Kevin T. Conklin, for defendant-respondent.
James H. Irish, for defendant-appellant.
David S. Rutherford, for non-party respondents.
Before: Nardelli, J.P., Tom, Rosenberger, Ellerin, Gonzalez, JJ.
The trial subpoenas issued by counsel for Perini were properly quashed as overbroad ( see Grotallio v. Soft Drink Leasing Corp., 97 A.D.2d 383) and improper discovery devices ( see Mestel Co. v. Smythe Masterson Judd, 215 A.D.2d 329). Under the particular circumstances presented, Crescent's motion to quash was timely ( see CPLR 2304).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.