Opinion
1374N
June 13, 2002.
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered March 13, 2002, which, in a legal malpractice action arising out of a divorce action between plaintiff and non-party respondent, denied respondent's motion for a protective order against a subpoena served upon him by defendants attorneys, and, insofar as appealed from, granted defendants' cross motion for disclosure sanctions only to the extent of precluding respondent from testifying at trial or submitting affidavits on plaintiff's behalf unless he produced certain documents by certain dates, unanimously affirmed, without costs.
STUART J. MOSKOVITZ, for plaintiff-respondent.
PHILIP TOUITOU, for defendants-appellants.
MICHAEL J. BERMAN, for non-party respondent.
Before: Before: Before: Before: Before: Williams, P.J., Tom, Saxe, Friedman, Marlow, JJ.
The motion court properly gave respondent one last opportunity to comply with the subject subpoena, compliance with which had been previously directed by this Court ( 283 A.D.2d 225) (CPLR 3126).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.