1286-1290 First Ave., LLC v Stern

[*1] 1286-1290 First Ave., LLC v Stern 2007 NY Slip Op 50270(U) [14 Misc 3d 138(A)] Decided on February 20, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 20, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., McCooe, Schoenfeld, JJ
570612/06.

1286-1290 First Avenue, LLC, Petitioner-Landlord-Appellant,

against

Pepe Stern, Respondent, -and- Lillian Waenn, Respondent-Tenant-Respondent.

Petitioner appeals from an order of the Civil Court of the City of New York, New York County (Maria Milin, J.), dated July 12, 2006, which granted respondent Waenn's motion to quash non-party subpoenas.

PER CURIAM:

Order (Maria Milin, J.), dated July 12, 2006, reversed, with $10 costs, and motion denied.

Although there was a prior order which denied, without prejudice, landlord's motion for leave to subpoena third parties, the record shows that the focus of the prior order was limited to discovery subpoenas and not the trial subpoenas at issue here, which were served in accordance with CPLR 2305 (see e.g. Haas & Gottlieb v Sook Hi Lee, 11 AD3d 230, 231 [2004]; Gee Tai Chung Realty Corp. v GA Ins. Co., 283 AD2d 295 [2001]). There was no requirement that landlord's counsel seek leave of court in order to serve the trial subpoenas (see CPLR §2302[a]).

This constitutes the decision and order of the court.
Decision Date: February 20, 2007