Landlord's Trial Subpoenas Quashed

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The case was marked off the court's calendar for pretrial questioning. Later, landlord moved to restore the case to the court calendar for trial on a date four weeks later. Before the trial date landlord, by its attorneys, issued subpoenas to banks, Con Ed, Verizon, Time Warner Cable, and others to produce documents for the trial relating to tenant's primary residence. Tenant asked the court to quash the subpoenas before the trial. The court ruled for tenant. CPLR 2303(a) requires the party that sends out trial subpoenas to send a copy of the subpoena to the other side so that it is received before the production of documents. Landlord sent out its trial subpoenas close to the trial date and sent copies to tenant several days afterward, by regular mail. This didn't give tenant enough notice or enough time to request that the subpoenas be quashed. Landlord's methods of sending the subpoenas put tenant at a disadvantage. The subpoenas were quashed.

SP 10 Downing LLC v. Yee: 21 Misc. 3d 1107(A), 2008 WL 4490036 (10/3/08) (Civ. Ct. NY; Marton, J)