Brothers Insulation Co., Inc., et al., Plaintiffs, v. Mort Salkind, Defendant-Appellant. (1998)

Order, Supreme Court, New York County (Paula Omansky, J.), entered August 14, 1997, which, inter alia, denied defendant-appellant judgment debtor's motion to quash a CPLR 5224 subpoena served upon him by plaintiff judgment creditor, unanimously affirmed, with costs.

The motion to quash was properly denied notwithstanding that judgment debtor, an out-of-State resident, was served with the subpoena while in New York solely to attend trial in an unrelated action (DuPont v. Bronston, 46 A.D.2d 369, 372-373, 362 N.Y.S.2d 471 [Steuer, J., dissenting] ).   Unlike the subpoena in DuPont, which was served on the judgment debtor while attending a Federal court proceeding, here the subpoena was served in a State court, and thus considerations of comity do not constrain careful avoidance of any possible interference with the authority and dignity of another court (id., at 372, 362 N.Y.S.2d 471 [majority opn.];   cf., Lamb v. Schmitt, 285 U.S. 222, 225, 52 S.Ct. 317, 318, 76 L.Ed. 720;  Netograph Mfg. Co. v. Scrugham, 197 N.Y. 377, 380, 90 N.E. 962).   To the extent DuPont can be read to hold that, apart from reasons of comity, a CPLR 5224 subpoena may not be served on a judgment debtor while voluntarily attending court in an unrelated proceeding, it is overruled.   We have considered judgment debtor's other arguments and find them to be without merit.

MEMORANDUM DECISION.