From Casetext: Smarter Legal Research

Matter of Krissler Bus. Institute, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 486 (N.Y. App. Div. 1997)

Opinion

November 17, 1997

Appeal from the Supreme Court, Dutchess County (Wolf, R.).


Ordered that the order is affirmed, with costs.

Pursuant to CPLR 3120 (a) (2) (b), a motion for the production of documents, etc., upon a nonparty "shall be on notice to all adverse parties". In the present action, the petitioner failed to sufficiently notify the respondent, an adverse party, of its issuance of subpoenas duces tecum upon a number of nonparty witnesses. Consequently, it was proper for the Referee to quash the subpoenas.

Furthermore, the Referee, who was appointed with the power to "hear and determine", had "all the powers of a court performing a like function" (CPLR 4301). Therefore, it was not an improvident exercise of discretion for the Referee to order the petitioner to pay one-half the copying costs spent by the respondent in fulfilling the petitioner's voluminous document request ( see, Watts v. Peekskill Bell, 147 A.D.2d 838; Sears v. Rekuc, 121 Misc.2d 811).

The petitioner's remaining contentions are without merit.

Sullivan, J. P., Friedmann, Florio and McGinity, JJ., concur.


Summaries of

Matter of Krissler Bus. Institute, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 486 (N.Y. App. Div. 1997)
Case details for

Matter of Krissler Bus. Institute, Inc.

Case Details

Full title:In the Matter of KRISSLER BUSINESS INSTITUTE, INC., Respondent. DENNIS…

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

Date published: Nov 17, 1997

Citations

244 A.D.2d 486 (N.Y. App. Div. 1997)
664 N.Y.S.2d 112

Citing Cases

Wilson v. City of Buffalo

We conclude that BSA's motion to quash the nonparty subpoena duces tecum should have been granted. That…

Skutnik v. Messina

On that basis alone, the Court would have authority to quash the subpoena. (Matter of Krissler Business…