Carmo v. Verizon

In an action, inter alia, to recover damages for failure to comply with a subpoena, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lally, J.), entered May 17, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff alleged that the defendant, despite being served with a subpoena duces tecum, refused to appear and provide information on his behalf in a criminal action then pending against him in the State of New Jersey. The plaintiff claimed that by reason of the defendant’s…