Cespedes v. Kraja

—In an action to recover damages for personal injuries, the defendant Mark Limousine, Ltd., appeals from an order of the Supreme Court, Queens County (Taylor, J.), dated February 3, 2009, which denied its unopposed motion pursuant,to CPLR 2308 (b) to compel a nonparty, Janet Barahona, to comply with its subpoena.

Ordered that the order is reversed, on the law, without costs or disbursements, and the appellant’s motion pursuant to CPLR 2308 (b) to compel the nonparty Janet Barahona to comply with its subpoena is granted.

Under the circumstances presented, in support of its unopposed motion to…