Coutts Bank (Switzerland) Ltd. v. Anatian

Sullivan, P. J., and Lerner, J.,

concur in a memorandum by Sullivan, P. J., as follows: Upon an ex parte order issued on October 1, 1998, pursuant to CPLR 308 (5), defendant judgment-debtor was served with a subpoena directing him to appear for a deposition in New York as to the nature and extent of his assets. In accordance with the order, service was effected by leaving a copy of it and the subpoena with the judgment-debtor’s New York attorneys, who were then representing him in an appeal of the underlying judgment. These same attorneys were also engaged in prosecuting a parallel action on…