Legal Opinion
American Heritage Realty LLC v. Strathmore Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2012Published
1Opinion of the Court
Mercure, J.P.
*1523Initially, we reject plaintiffs’ argument that defendant is not aggrieved by the denial of its motion to quash. While Supreme Court’s order compelled only Marks, who is a nonparty, to comply with the subpoena, defendant had a legal interest affected by the denial of the relief that it sought — under the CPLR, an adverse party has the right to move to quash a nonparty subpoena (see Patrick M. Connors, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C2304:l, C3101:23, C3120:12; see also Velez v Hunts Point Multi-Serv. Ctr., Inc., 29 AD3d 104, 110-112 [2006]).…
2Cases cited12 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
- O'Neill v. Oakgrove Construction, Inc.New York Court of Appeals · 1988
- Velez v. Hunts Point Multi-Service Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- In re Grace R.Appellate Division of the Supreme Court of the State of New York · 2004
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