Matter of Grotto v. Carl

NEW YORK COUNTY
Civil Practice

New York Law Journal

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Justice Lucy Billings

Connecticut resident Grotto was employed in New York, and sought to quash or stay enforcement of a subpoena issued by judgment creditor Carl under CPLR §3119(b) and (c) regarding procedures for interstate disclosure. Carl sought disclosure relevant to satisfying an unsatisfied California judgment against Grotto's now-deceased ex-husband, Patrick. Carl claimed based on his deposition of Patrick's son, Carl believed Patrick may have transferred assets to Grotto before committing suicide. The court noted Carl's subpoena was an enforcement procedure under §5208, pertaining to enforcement of monetary judgments. Yet, it ruled §5208 barred enforcement of Carl's subpoena until Jan. 18, 2013, as §5208 states if letters testamentary were not granted regarding a probate estate within 18 months after a death, leave to undertake such enforcement may then be granted. Thus, the court granted the petition to quash Carl's subpoena seeking disclosure from Grotto relevant to satisfaction of an unsatisfied judgment against Patrick.

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