In re the Estate of Kochovos

OPINION OF THE COURT

Stanley S. Ostrau, S.

In this motion by proponents to suppress improperly obtained information and to disqualify contestants’ counsel, proponents rely on Matter of Weinberg (129 AD2d 126), asserting that in three known instances nonparty subpoenas were served by contestants’ counsel without serving notice on proponents as required by CPLR 3120 and 3107. These subpoenas requested the appearance of a representative of nonparties or *603in lieu thereof they could produce the relevant documents. In response to this motion, contestants have cross-moved seeking to compel proponents…