ALBANY – The Court of Appeals has clarified the standard for enforcing subpoenas to nonparties in litigation, an issue that had split the Appellate Division into two camps.
The court ruled in Matter of Kapon v. Koch, 63, that the way the First and Fourth departments interpreted amendments to CPLR 3101(a)(4) was the “appropriate” one, largely because it better adhered to New York’s “liberal” discovery policies than the interpretation by the Second and Third departments did.
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