In re the New York State Insurance

OPINION OF THE COURT

John G. Connor, J.

The New York State Insurance Association by an order to show cause moves to quash a subpoena duces tecum to orally examine and produce books, records and papers. The moving party herein makes such objection based upon an ex parte order, claiming that oral examination of a non-party connected with the production of books and records must be made by notice thereby giving the nonparty an opportunity to present its opposition.

The Practice Commentaries to CPLR 3120 entitled, “Discovery Against Nonparty Witness”, recites: “The procedure is the usual…