Eric Starr v Vincent Arena

Starr v Arena 2004 NY Slip Op 04313 [8 AD3d 258] June 1, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2004

Eric Starr et al., Appellants,
v
Vincent Arena et al., Respondents.

—[*1]In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Burke, J.), dated April 30, 2003, which denied their motion to compel compliance with a subpoena duces tecum.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the plaintiffs' motion to compel compliance with the subpoena duces tecum (see Matter of Terry D., 81 NY2d 1042 [1993]; Audiovox Corp. v Benyamini, 265 AD2d 135 [2000]). Ritter, J.P., Goldstein, H. Miller and Mastro, JJ., concur.