Smith v. Smith

OPINION OF THE COURT

Francois A. Rivera, J.

By order to show cause filed on April 11, 2013 under motion sequence 8, defendant Manufacturers and Trader’s Trust Company (hereinafter MTTC) has moved for an order pursuant to CPLR 3108 and 3111 directing an open commission to take the deposition of Charles Smith (hereinafter C. Smith), a nonparty resident of Georgia, and to request the Georgia Superior Court for the County of Cobb to issue subpoenas ad testificandum and duces tecum for C. Smith to appear and submit to a deposition at a time, date and place set by the Georgia Superior Court.

By notice…