Lazzaro v. County of Nassau

Full title: MARGARET LAZZARO, Respondent, v. COUNTY OF NASSAU et al., Appellants

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

Date published: Jun 16, 1997

240 A.D.2d 546 (N.Y. App. Div. 1997)

659 N.Y.S.2d 980

Opinion

June 16, 1997

Appeal from the Supreme Court, Nassau County (Alpert, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the subpoena duces tecum which the defendants served upon a nonparty, Joseph Lazzaro, was facially defective because it neither contained nor was accompanied by a notice stating the "circumstances or reasons such disclosure is * * * required" (CPLR 3101 [a] [4]; see, Bigman v. Dime Sav. Bank, 138 A.D.2d 438).

The defendants' remaining contention is without merit.

Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.