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At an IAS Part of the Supreme Court of the State
of New York, held in and for the County of
Rockland, at 1 South Main Street, New City, New
York 10956, on the ___ day of ________, 2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
ERIC LI AND HOPE CHUNG, )
) ORDER
)
Plaintiff[s], ) Index No. 032727/2015
)
-against- ) Assigned Judge: Hon. Linda Christopher, JSC
)
DONNA RUSSO, )
Defendant[s]. )
ERIC LI AND HOPE CHUNG, Plaintiffs, having duly moved for an order to compel DONNA
RUSSO, to comply with an information subpoena issued by Alden B. Smith, Esq. and duly served on
DONNA RUSSO, c/o Joseph Taylor, Inc. d/b/a Joseph Taylor Salon & Spa, 383 South Main Street,
rd
New City, NY 10956, on the 23 day of April, 2016, pursuant to CPLR 2308(b), on the ground that
DONNA RUSSO has not complied with the information subpoena by failing to answer the questions in
connection with the Information Subpoena that accompanied the service of the the Information
Subpoena within the time period as directed therein and provided in CPLR 5224, and the motion having
regularly come on to be heard before this Court on August 19, 2016 at 9:15 a.m., and
NOW, upon reading and filing the Order to Show Cause entered July 18, 2016, the affirmation of Alden
B. Smith, Esq., sworn to on the 15th day of July, 2016, in support of the motion, and upon Defendant’s
failure to oppose said motion despite proof of service of said motion papers being filed with this Court,
and after due deliberation having been held thereon,
NOW, upon motion of Alden B. Smith, Esq., attorney for Plaintiff, herein, it is
ORDERED that the motion be and the same is hereby in all respects granted, and it is further
ORDERED that DONNA RUSSO, c/o Joseph Taylor, Inc. d/b/a Joseph Taylor Salon & Spa, 385 South
Main Street, New City, NY 10956, provide written answers, under oath, to all of the questions contained
1 of 2
in the Questions and Answers in connection with the Information Subpoena served upon her back on
April 23, 2016 by via First Class Mail and Certified Mail, Return Receipt Requested by _____________
___, 2016 and it is further
ORDERED that DONNA RUSSO pay $50 as costs of this motion pursuant to CPLR 2308(b), within
TEN (10) days of service of a copy of this order upon her.
ENTER,
Linda Christopher, J.S.C.
B:\LANDLORD-TENANT\Chung, Hope & Li, Eric\Russo\Order directing compliance with subpoena not returnable in court 071216.doc
2 of 2
Preview
At an IAS Part of the Supreme Court of the State of New York, held in and for the County of Rockland, at 1 South Main Street, New City, New York 10956, on the ___ day of ________, 2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ERIC LI AND HOPE CHUNG, ) ) ORDER ) Plaintiff[s], ) Index No. 032727/2015 ) -against- ) Assigned Judge: Hon. Linda Christopher, JSC ) DONNA RUSSO, ) Defendant[s]. ) ERIC LI AND HOPE CHUNG, Plaintiffs, having duly moved for an order to compel DONNA RUSSO, to comply with an information subpoena issued by Alden B. Smith, Esq. and duly served on DONNA RUSSO, c/o Joseph Taylor, Inc. d/b/a Joseph Taylor Salon & Spa, 383 South Main Street, rd New City, NY 10956, on the 23 day of April, 2016, pursuant to CPLR 2308(b), on the ground that DONNA RUSSO has not complied with the information subpoena by failing to answer the questions in connection with the Information Subpoena that accompanied the service of the the Information Subpoena within the time period as directed therein and provided in CPLR 5224, and the motion having regularly come on to be heard before this Court on August 19, 2016 at 9:15 a.m., and NOW, upon reading and filing the Order to Show Cause entered July 18, 2016, the affirmation of Alden B. Smith, Esq., sworn to on the 15th day of July, 2016, in support of the motion, and upon Defendant’s failure to oppose said motion despite proof of service of said motion papers being filed with this Court, and after due deliberation having been held thereon, NOW, upon motion of Alden B. Smith, Esq., attorney for Plaintiff, herein, it is ORDERED that the motion be and the same is hereby in all respects granted, and it is further ORDERED that DONNA RUSSO, c/o Joseph Taylor, Inc. d/b/a Joseph Taylor Salon & Spa, 385 South Main Street, New City, NY 10956, provide written answers, under oath, to all of the questions contained 1 of 2 in the Questions and Answers in connection with the Information Subpoena served upon her back on April 23, 2016 by via First Class Mail and Certified Mail, Return Receipt Requested by _____________ ___, 2016 and it is further ORDERED that DONNA RUSSO pay $50 as costs of this motion pursuant to CPLR 2308(b), within TEN (10) days of service of a copy of this order upon her. ENTER, Linda Christopher, J.S.C. B:\LANDLORD-TENANT\Chung, Hope & Li, Eric\Russo\Order directing compliance with subpoena not returnable in court 071216.doc 2 of 2