Rogers v. Rogers

Full title: ELIZABETH ROGERS, Respondent, v. JOHN S. ROGERS, Appellant

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

Date published: Apr 10, 1989

149 A.D.2d 498 (N.Y. App. Div. 1989)

539 N.Y.S.2d 979

Opinion

April 10, 1989

Appeal from the Supreme Court, Westchester County (Nastasi, J.).

Ordered that the order is affirmed, with costs.

We find that there was an insufficient showing that the plaintiff wife's mother was an agent of or otherwise under the control of the plaintiff. Absent such a showing, the imposition of sanctions against the plaintiff for the failure of her mother to obey a subpoena duces tecum is not warranted (see, CPLR 3126). Kunzeman, J.P., Kooper, Sullivan and Balletta, JJ., concur.