AABCO Sheet Metal Co. v. Lincoln Ctr. for Performing Arts

In AABCO Sheet Metal Co. v. Lincoln Ctr. for Performing Arts, (249 AD2d 39 [1st Dept 1998], lv dismissed 92 NY2d 876 [1998].) the First Department upheld the denial of a motion to quash a subpoena served on a nonresident judgment debtor. There, a nondomiciliary judgment debtor, while in New York to testify in a case unrelated to the judgment against him, was served with a subpoena pursuant to CPLR 5224. (249 AD2d at 39) The Court affirmed the motion court's denial of the judgment debtor's motion to quash the subpoena, distinguishing and overruling DuPont v. Bronston to the extent that it could "be read to hold that . . . a CPLR 5224 subpoena may not be served on a judgment debtor while voluntarily attending court in an unrelated proceeding." (249 AD2d at 39-40) The AABCO Court thus did not distinguish between the service of a subpoena and the service of a summons.