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LEWIS v. BAKER

279 A.D.2d 380 (2001)

720 N.Y.S.2d 26

MICHAEL LEWIS, Respondent, v. DONALD BAKER et al., Defendants, and SEARS ROEBUCK AND COMPANY, INC., Appellant. (And Third-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 23, 2001.

There is no dispute that Mr. Records is a non-party to this action and a non-resident of this State, currently residing in Indiana. It is also clear that Mr. Records has not been served with a notice of deposition or a subpoena, and that plaintiff has not moved for a commission or letters rogatory. Indeed, unless Mr. Records voluntarily complies with a notice of deposition, if one is ever served, plaintiff's remedy lies within...

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