Pavia v. 810 Broadway Associates

OPINION OF THE COURT

Martin B. Stecher, J.

Defendant moves for an order punishing Jill Burkee and German Pucci for contempt of court because of their failure, as nonparty witnesses, to comply with a subpoena duces tecum to appear at a pretrial deposition.

The 1984 amendment to CPLR 3101 (a) (4) permits one to obtain disclosure by nonparties “upon notice stating the circumstances or reasons such disclosure is sought or required.” The intent of the amendment is to liberalize a party’s right to obtain a nonparty’s disclosure, shifting to the latter, or an adversary of the one seeking disclosure,…