Pernice v. Devora

—In an action to recover damages for personal injuries, nonparty Ralph Olsen appeals from an order of the Supreme Court, Kings County (Feinberg, J.), dated November 4, 1996, which denied his motion to quash a subpoena duces tecum.

*559Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The purpose of a subpoena is to compel the production of specific documents that are relevant and material to facts at issue in a pending judicial proceeding (see, Matter of Terry D., 81 NY2d 1042). By the use of the subpoena duces tecum at issue, the plaintiff sought to obtain from…