93 A.D.2d 834 | N.Y. App. Div. | 1983
— In a matrimonial action, plaintiff husband appeals from an order of the Supreme Court, Westchester County (Walsh, J.), dated October 15, 1981, which denied his motion (1) to adjudge nonparty respondents, Scarsdale National Bank, the Irving Bank Corporation, and certain named individuals in contempt for failure to comply with subpoenas duces tecum, (2) to require that Scarsdale National Bank provide an affidavit reciting what information had been furnished pursuant to the subpoenas in question, what information cannot be found, what information it refuses to furnish and what information it is willing to furnish, and (3) to compel Scarsdale National Bank and Irving Bank Corporation to comply with all the subpoenas served upon them. Order modified, on the law, by deleting the provision denying'the motion with respect to respondent Scars-dale National Bank and substituting therefor a provision granting the second branch thereof requiring it to provide an affidavit concerning the subpoenaed documents. As so modified, order affirmed, without costs or disbursements, and matter remitted to the Supreme Court, Westchester County, for a hearing on the first and third branches of plaintiff’s motion in accordance herewith, to be held after service upon plaintiff of the affidavit on behalf of respondent Scarsdale National Bank concerning the subpoenaed information, which affidavit shall be served within 30 days after service upon said bank of a copy of the order to be made hereon, with notice of entry. In order to locate assets of defendant, the former wife of the plaintiff, which plaintiff alleges were secreted in accounts in Scarsdale National Bank (hereinafter Scarsdale Bank),