Schwartz v. Shapiro

Motion by Max M. Schwartz to vacate subpoena served upon him by the tenant in the above-entitled proceeding, requiring the movant to appear as a witness for the tenant at Special Term, Part I, Kings County.

At the time of service of the subpoena, the sum of fifty cents and no more was paid to movant, who resides more than three miles from the courthouse where his attendance is required. Sections 404 and 1539 of the Civil Practice Act both require payment of the fee and mileage where the place of attendance is more than three miles from the place of residence! In Matter of Depue (185 N. Y. 60,…