In re the Estate of Stevens

Edward S. Silver, S.

This is a motion by a witness, directed by an order to appear for examination, for a protective order pursuant to CPLR 3103 (subd. [a]) and 2304 against the taking of his oral deposition, quashing the subpoenas served upon him on the grounds that the evidence sought is hearsay and immaterial to the issues and that the use of the subpoenas for the purposes herein is arbitrary, unnecessary and oppressive.

The witness is engaged in the business of conducting investigations in estate matters for a percentage of claimants’ interest therein (cf. Matter of Lynch, 154 Misc. 260;…