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RPN Mgmt. Co. v. Gonzalez

Court Denies Petitioner's Motion to Reargue; Quashes Previously Quashed Subpoenas

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Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion.Papers NumberedNotice of Motion to Reargue and Supplemental Affirmation Annexed               1, 2, 3Notice of Motion to Quash and Supplemental Affirmation Annexed   4, 5, 6Affirmation in Opposition    7Affirmation in Opposition    8DECISION/ORDER

*1  Upon the foregoing cited papers, the Decision and Order on this Motion are as follows: Respondent in this proceeding moved to quash subpoenas that Petitioner had served upon non-party entities and to suppress the subpoenaed materials. The Court granted the motion. Petitioner now moves to reargue the Court’s decision. Respondent moves to quash new subpoenas that Petitioner has served on the same entities Petitioner had previously subpoenaed.The parties do not appear to dispute that Petitioner effectuated service of subpoenas on some entities; that the subpoenas were returnable at the Courthouse; and that the subpoenaed entities, for some reason, produced subpoenaed materials to Petitioner’s attorney’s office, rather than to the Courthouse.In support of its motion to reargue, Petitioner concedes that it did not “literally comply” with CPLR §3120(3), which requires parties who receive materials produce pursuant to a discovery subpoena to notify the other parties notice of the items produced within five days of compliance. Petitioner’s attorney affirms in support of its motion that Petitioner’s attorney did not so notify Respondent’s attorney

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