Legal Opinion
Plaza Operating Partners Ltd. v. IRM (U.S.A.) Inc.
Civil Court of the City of New York
Decided March 21, 1989PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin Schoenfeld, J.
The issue presented is whether a party in a summary *23proceeding must initially serve a subpoena before the court may grant leave to depose a nonparty witness? The court finds that as a first step, service of such subpoena is unwarranted.
In this holdover proceeding respondent tenant moves to take the oral deposition of the New York Westin Hotel Company (Westin), a nonparty witness, and to have various documents produced at such examination. Petitioner landlord opposes the motion claiming it to be an improper attempt to prolong a summary proceeding and…
2Cases cited8 opinions
- New York University v. FarkasCivil Court of the City of New York · 1983
- Holloway v. Cha Cha Laundry, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Eli Haddad Corp. v. Cal Redmond StudioAppellate Division of the Supreme Court of the State of New York · 1984
- Antillean Holding Co. v. LindleyCivil Court of the City of New York · 1973
- 65 Central Park West, Inc. v. GreenwaldCivil Court of the City of New York · 1985
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Town of Pleasant Valley v. New York State Board of Real Property ServicesAppellate Division of the Supreme Court of the State of New York · 1999
- Lonray, Inc. v. NewhouseAppellate Division of the Supreme Court of the State of New York · 1996
- Barbour v. PeopleNew York Supreme Court · 1994
- In re the Dissolution of Lowbet Realty Corp. Shau Chung HuNew York Supreme Court · 2012
- Smilow v. UlrichCivil Court of the City of New York · 2005
2 more not listed; retrieve them via the Exa API.