From Casetext: Smarter Legal Research

Bankers Trust Company v. Braten

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1993
194 A.D.2d 378 (N.Y. App. Div. 1993)

Opinion

June 8, 1993

Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).


The standard form subpoenas served on appellants did specify the date, location, name of the law firm before whom defendants were requested to appear and time of the deposition, and we deem the statute to have been complied with. It is noteworthy that appellants did not move to quash the subpoenas and only raised this flaw four months after first being held in contempt.

As appellants offer no other excuse for their failure to appear at the deposition, they were properly held in contempt.

Concur — Milonas, J.P., Ellerin, Ross, Asch and Kassal, JJ.


Summaries of

Bankers Trust Company v. Braten

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1993
194 A.D.2d 378 (N.Y. App. Div. 1993)
Case details for

Bankers Trust Company v. Braten

Case Details

Full title:BANKERS TRUST COMPANY, Respondent, v. MILTON BRATEN, Defendant. K.W…

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

Date published: Jun 8, 1993

Citations

194 A.D.2d 378 (N.Y. App. Div. 1993)
598 N.Y.S.2d 498

Citing Cases

Wenig Saltiel, LLP v. Bozeman

Attorneys are "officers of the court" for the purpose of issuing subpoenas (see Matter of Ling v Sans Souci…

Jacobson v. Moller Moller, Inc.

An attorney of record for any party to an action may issue a subpoena without a court order. N.Y. C.P.L.R. §…