Calderon v. Holland, 2021-32603

CourtNew York County Court
Writing for the CourtJAMES F. MATTHEWS, ACTING COUNTY COURT JUDGE
PartiesJUAN C. CALDERON, Plaintiff, v. CHRISTINA S. HOLLAND, Defendant,
Docket Number2021-32603,Index 622474/2019
Decision Date10 November 2021

JUAN C. CALDERON, Plaintiff,
v.

CHRISTINA S. HOLLAND, Defendant,

No. 2021-32603

Index No. 622474/2019

County Court, Suffolk County

November 10, 2021


Unpublished Opinion

MOTION DATE: September 14, 2021.

JAMES F. MATTHEWS, ACTING COUNTY COURT JUDGE

Upon the following papers numbered 1 to 5 and on this motion by counsel for defendant for an Order issuing a Warrant directing the Sheriff of Suffolk County to bring DIANA BRANCH for a deposition at the Law Offices of Brian J. McGovern, LLC. and an Order directing DIANA BRANCH to pay the damages and costs for the within motion to defendant by application and Affirmation in Support with supporting papers 1-5; Notice of Cross Motion and supporting papers _; Answering Affidavits and supporting papers __; Replying Affidavits and supporting papers ___; Filed papers __; Other __ (and after hearing counsel in support of and opposed to the motion);

The above entitled action having been removed from the Supreme Court, County of Suffolk, State of New York, and assigned to the County Court, County of Suffolk, State of New York, pursuant to CPLR 325(d), §19 (a) of Article VI of the New York State Constitution, and §202.13 (c) of the Uniform Rules for the New York State Trial Courts, for determination and conference, by Order dated 08/05/2021 (Luft, Martha L., A.J.S.C.); and

All pending motions having been adjourned by Acting Judge of the County Court (Matthews, J.), to September 14, 2021, and due deliberation having been had therein; therefore now it is

ORDERED that the unopposed motion by counsel for defendant seeking an order pursuant to CPLR 230S, issuing a warrant directing the Sheriff to bring non-party Diana Branch before the Law Offices of Brian J, McGovern, LLC, for a deposition pursuant to the Subpoena Ad Testificandum of defendant Christina S.

1

Holland dated 05/C1/2021 and personally served on 05/04/2021, which required the appearance of Diana Branch at a deposition on May 31, 2021, at which she failed to appear, is denied; and it is further

ORDERED that the unopposed motion by counsel for defendant seeking an order directing non-party Diana Branch to pay defendant Christina S. Holland for the damages and costs to file the instant motion, is denied.

A subpoena captioned Subpoena Ad Testificandum issued on behalf of defendant Christina s. Holland dated 05/01/2021 and personally served on non-party Diana Branch on 05/04/2021 at 26 Ronek Drive, Amityville, NY 11701, was duly issued by defendant's attorney of record pursuant to CPLR 2302(a), for the witness Diana Branch, to appear and attend a deposition at Deitz Lexitas Court Reporting, located at 1757 Veterans Hwy., Suite 28, Islandia, NY 11749, or via Zoom video conferencing, on the 31st day of May, 2021, at 10:00 AM (see Affidavit of Alan Feldman dated 05/04/2021), a time not less than seven days before the return date of the subpoena. The non- party witness, Diana Branch, failed to attend pursuant to the said subpoena, and did not seek an adjournment for another date and time for the taking of said deposition (see Affirmation of Michael J. Liloia, Esq., dated 06/02/2021).

Thereafter, by motion dated June 2, 2021, counsel for defendant, seeks an order for a warrant pursuant to CPLR 2308(b), directing the Sheriff to bring Diana Branch before the Law Offices of Brian J. McGovern, LLC, for a deposition pursuant to the Subpoena Ad Testificandum personally served en Diana Branch on 05/04/2021, and also moved for an order directing Diana Branch to pay to defendant Christina S. Holland, damages for an unknown amount, including counsel fees, and costs not to exceed $50.00, for bringing the instant compliance motion, pursuant to CPLR 2308(b).

Under CPLR 2308(a), judicial subpoena is a subpoena issued by a judge, a clerk, or an officer of the court, which includes an attorney...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT