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RICKICKI v. BORDEN CHEMICAL

Appellate Division of the Supreme Court of New York, Fourth Department.
Jul 16, 1993

Order insofar as appealed from unanimously reversed on the law with costs, motion granted and subpoena quashed. Memorandum: It is undisputed that the subpoena served upon the nonparty doctor did not contain nor was it accompanied by a notice stating "the circumstances or reasons such disclosure is sought or required" (CPLR 3101 [a] [4]). Thus, the subpoena was facially defective and may not be enforced (see, Matter of Yost v. Douris, 151 A.D.2d 489; Bigman v. Dime Sav. Bank, 138 A.D.2d 438).