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Aabco Sheet M. v. Lincoln Ctr. Performing Arts

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1998
249 A.D.2d 39 (N.Y. App. Div. 1998)

Opinion

April 7, 1998

Appeal from the Supreme Court, New York County (Paula Omansky, J.).


The motion to quash was properly denied notwithstanding that judgment debtor, an out-of-State resident, was served with the subpoena while in New York solely to attend trial in an unrelated action (DuPont v. Bronston, 46 A.D.2d 369, 372-373 [Steuer, J., dissenting]). Unlike the subpoena in DuPont, which was served on the judgment debtor while attending a Federal court proceeding, here the subpoena was served in a State court, and thus considerations of comity do not constrain careful avoidance of any possible interference with the authority and dignity of another court (supra, at 372 [majority opn]; cf., Lamb v. Schmitt, 285 U.S. 222, 225; Netograph Mfg. Co. v. Scrugham, 197 N.Y. 377, 380). To the extent DuPont can be read to hold that, apart from reasons of comity, a CPLR 5224 subpoena may not be served on a judgment debtor while voluntarily attending court in an unrelated proceeding, it is overruled. We have considered judgment debtor's other arguments and find them to be without merit.

Concur — Sullivan, J.P., Williams, Tom and Andrias, JJ.


Summaries of

Aabco Sheet M. v. Lincoln Ctr. Performing Arts

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1998
249 A.D.2d 39 (N.Y. App. Div. 1998)
Case details for

Aabco Sheet M. v. Lincoln Ctr. Performing Arts

Case Details

Full title:AABCO SHEET METAL CO., INC., Respondent, et al., Plaintiffs, v. LINCOLN…

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

Date published: Apr 7, 1998

Citations

249 A.D.2d 39 (N.Y. App. Div. 1998)
670 N.Y.S.2d 494

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