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BRUSSELS LEASING v. HENNE

174 Misc.2d 535 (1997)

664 N.Y.S.2d 905

In the Matter of Brussels Leasing Limited Partnership, Petitioner, v. Janet Henne, Respondent. In the Matter of Marseilles Leasing Limited Partnership, Petitioner, v. Janet Henne, Respondent.

Supreme Court, Queens County.

October 8, 1997

Attorney(s) appearing for the Case

Kucker Kaus & Bruh, L. L. P., New York City, for petitioners. Robert A. Katz, Bayside, for respondent.

DAVID GOLDSTEIN, J.

These applications raise novel issues dealing with the propriety of an attorney's use of a judicial subpoena duces tecum to secure production of documents from a nonparty witness, without any application made pursuant to CPLR 3120 (b) and without notice to all parties to the underlying proceeding.

These are two separate applications to compel respondent to comply with two separate...

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