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MATTER OF GOETZ FITZPATRICK LLP v. OTR MEDIA GROUP, INC.

Index No. 157903/18. Appeal No. 13319N. Case No. 2020-04025.

192 A.D.3d 474 (2021)

139 N.Y.S.3d 829

2021 NY Slip Op 01374

In the Matter of Goetz Fitzpatrick LLP, Appellant, v. OTR Media Group, Inc., Respondent.

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

Decided March 9, 2021.

Attorney(s) appearing for the Case

Goetz Fitzpatrick LLP, New York ( Scott D. Simon of counsel), for appellant.

Edelstein & Grossman, New York ( Jonathan I. Edelstein of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Kennedy, Shulman, JJ.

This special proceeding was commenced to compel OTR to respond to an information subpoena and subpoena duces tecum (collectively, the subpoenas), served by Goetz. In an order dated October 22, 2019, Supreme Court found OTR in contempt due to its failure to respond and gave OTR an opportunity to purge that contempt.

On this motion, Goetz seeks an order holding both OTR and Noe, OTR's principal, in contempt for OTR's continued failure and refusal to respond to the subpoenas...

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