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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46113 Judge Schreiber IN A HOLDOVER action alleging illegal sublet, the under-respondent sought an order quashing non-party subpoenas duces tecum by which petitioner landlord’s attorney invited the subpoenas’ recipients to provide documents directly to his office rather than appear before the court. Recent amendment of Civil Practice Law and Rules �2303(a), effective Jan. 1, 2004, requires attorneys to serve copies of non-party subpoenas duces tecum on all parties appearing in an action. Petitioner’s attorney failed to serve the under-respondent with copies of the subpoenas on non-parties. The court quashed the non-party subpoenas at issue. Citing Henriques v. Boitano, it ruled that petitioner’s attorney engaged in improper “back door discovery.” The court found such practice to be frivolous conduct, warranting an award to the under-respondent of costs and attorney’s fees pursuant to 22 New York Codes, Rules and Regulations Part 130-1.1(a).

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