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FREDDIE RODRIGUEZ, Plaintiff, v. CRESCENT CONTRACTING CORP., Defendant-Respondent, PERINI CORP., Defendant-Appellant, JWP MECHANICAL SERVICES INC./WACHTEL DUKLAUER FEIN, INC., Defendant. TRAVELERS PROPERTY AND CASUALTY, ET AL., Non-Party Respondents. [AND A Third-Party Action].

The trial subpoenas issued by counsel for Perini were properly quashed as overbroad ( see Grotallio v. Soft Drink Leasing Corp., 97 A.D.2d 383) and improper discovery devices ( see Mestel Co. v. Smythe Masterson Judd, 215 A.D.2d 329). Under the particular circumstances presented, Crescent's motion to quash was timely ( see CPLR 2304).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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RODRIGUEZ v. CRESCENT CONTR. CORP
(May 13, 2003)