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Rickicki v. Borden Chemical

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 16, 1993
195 A.D.2d 986 (N.Y. App. Div. 1993)

Opinion

July 16, 1993

Appeal from the Supreme Court, Cattaraugus County, Sprague, J.

Present — Callahan, J.P., Balio, Doerr, Boomer and Boehm, JJ.


Order insofar as appealed from unanimously reversed on the law with costs, motion granted and subpoena quashed. Memorandum: It is undisputed that the subpoena served upon the nonparty doctor did not contain nor was it accompanied by a notice stating "the circumstances or reasons such disclosure is sought or required" (CPLR 3101 [a] [4]). Thus, the subpoena was facially defective and may not be enforced (see, Matter of Yost v. Douris, 151 A.D.2d 489; Bigman v. Dime Sav. Bank, 138 A.D.2d 438).


Summaries of

Rickicki v. Borden Chemical

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 16, 1993
195 A.D.2d 986 (N.Y. App. Div. 1993)
Case details for

Rickicki v. Borden Chemical

Case Details

Full title:DAVID RICKICKI et al., Appellants, v. BORDEN CHEMICAL, a Division of…

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

Date published: Jul 16, 1993

Citations

195 A.D.2d 986 (N.Y. App. Div. 1993)
600 N.Y.S.2d 397

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