Legal Opinion
Kurzman v. Burger
New York Supreme Court
Decided February 16, 1979PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Shanley N. Egeth, J.
In the instant motion, the attorney for the defendant moves for a protective order (authorized by CPLR 3103 although not specified in the order to show cause) to vacate a subpoena duces tecum issued by plaintiff for the purpose of taking the oral deposition before trial of a nonparty to the action.
Although, the motion to quash this subpoena is predicated upon the stated ground that there exists no "adequate special *245circumstances” as required by CPLR 3101 (subd [a], par [4]) to justify the examination of the nonparty, this court grants the motion upon…
2Cases cited5 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1973
- Villano v. Conde Nast Publications, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
- Spector v. Antenna & Radome Research Associates Corp.Appellate Division of the Supreme Court of the State of New York · 1966
- Bush Homes, Inc. v. Franklin National BankNew York Supreme Court · 1969
3Cited by4 opinions
- Slabakis v. DrizinAppellate Division of the Supreme Court of the State of New York · 1985
- People v. RadtkeNew York Supreme Court · 1992
- Ball v. County of MonroeNew York Supreme Court · 1979
- Bonito Maritime Corp. v. St. Paul Mercury InsuranceAppellate Division of the Supreme Court of the State of New York · 1979