In re Accounting of Kimelman

Christopher C. McGrath, S.

This is a motion by a witness for an order vacating a notice of examination before trial and quashing a subpoena in connection therewith which requires the witness to produce all bank statements, checks, check stubs, vouchers and records or copies thereof of the decedent. The witness sought to be examined is the First National City Bank of New York by one of its officers. This corporation is not a party to the litigation and it is sought to examine it as a witness in behalf of the decedent’s widow who is an objectant to an executor’s accounting. Facts have been…