Kaufman v. Tripp

New York Supreme Court

Kaufman v. Tripp

11 Misc. 2d 254, 173 N.Y.S.2d 944, 1958 N.Y. Misc. LEXIS 3486

DecidedApril 18, 1958

StatusPublished

This text of 11 Misc. 2d 254 (Kaufman v. Tripp) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kaufman v. Tripp, 11 Misc. 2d 254, 173 N.Y.S.2d 944, 1958 N.Y. Misc. LEXIS 3486 (N.Y. Super. Ct. 1958).

Pincite

Opinion

Thomas A. Aurelio, J.

This is an application to quash a subpoena duces tecum and to give testimony upon a trial. It appears, however, that the subpoena was issued to be used in connection with an examination before trial, it being intended as a subpoena to produce, only. The subpoena is directed to a [255]*255corporation only and is not in compliance with section 413 of the Civil Practice Act. Service thereof is also contested. However, the subpoena is contested on the merits. It seeks the production of records which are hearsay, or evidence of opinion. The objections are timely and must be sustained in all respects.

The motion is granted and the subpoena is vacated.

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Thomas A. Aurelio, J.

This is an application to quash a subpoena duces tecum and to give testimony upon a trial. It appears, however, that the subpoena was issued to be used in connection with an examination before trial, it being intended as a subpoena to produce, only. The subpoena is directed to a [255]*255corporation only and is not in compliance with section 413 of the Civil Practice Act. Service thereof is also contested. However, the subpoena is contested on the merits. It seeks the production of records which are hearsay, or evidence of opinion. The objections are timely and must be sustained in all respects.

The motion is granted and the subpoena is vacated.

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Bluebook (online)

11 Misc. 2d 254, 173 N.Y.S.2d 944, 1958 N.Y. Misc. LEXIS 3486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaufman-v-tripp-nysupct-1958.