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MARGARET LAZZARO, Respondent, v. COUNTY OF NASSAU et al., Appellants.

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the subpoena duces tecum which the defendants served upon a nonparty, Joseph Lazzaro, was facially defective because it neither contained nor was accompanied by a notice stating the "circumstances or reasons such disclosure is * * * required" (CPLR 3101 [a] [4]; see, Bigman v. Dime Sav. Bank, 138 A.D.2d 438).

The defendants' remaining contention is without merit.

Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.

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LAZZARO v. COUNTY OF NASSAU
(Jun 16, 1997)