Blake v. LP 591 Ocean Realty
Cases that cite this one
5 later published cases cite this decision.
- Oakley v. Albany Medical Center (Appellate Division of the Supreme Court of New York 2007)
- Van Epps v. County of Albany (New York Supreme Court 2000)
- Smith v. Global Contact Holding Co., Inc. (Appellate Division of the Supreme Court of New York 2025)
- Dune Deck Owners Corp. v. J.J.&P. Associates Corp. (Appellate Division of the Supreme Court of New York 2011)
- Nieves v. 1845 7th Avenue Realty Associates, L.P. (New York Supreme Court 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the nonparty New York City Department of Health appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Carson, J.), dated April 3, 1996, as directed it to produce a nonparty witness for deposition.
Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and so much of the order as directed the nonparty New York City Department of Health to produce a nonparty witness for deposition is deleted.
CPLR 3120 (b) provides, in relevant part, that a nonparty to an action "may be directed by order to do whatever a party may be directed to do”. However, it also requires that such nonparty "shall be served with the notice of motion in the same manner as a summons” (CPLR 3120 [b]). In the instant case, that was not done. Therefore, the court should not have ordered relief on the motion as against nonparty New York City Department of Health, as the court did not have jurisdiction over that agency for purposes of the motion (cf., Zamir v Rottenstein, 166 Misc 2d 45, 48). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.