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Tyson v. City of New York

Supreme Court, New York County

September 11, 2013

JAMES TYSON FOR HIMSELF AND AS PARENT AND GUARDIAN FOR DAVID NATHANIEL TYSON, AN INFANT, AND KAREN TYSON, Plaintiffs,
v.
THE CITY OF NEW YORK, "JANE' AYALA AND ISRAEL SOTO, INDIVIDUALLY AND AS EMPLOYEES OF THE CITY OF NEW YORK, DEPARTMENT OF EDUCATION, Defendants Index No. 111651/2006

Unpublished Opinion

PRESENT: HON. KATHRYN E. FREED Justice Of Supreme Court

DECISION/ORDER

HON. KATHRYN E. FREED

RECITATION, AS REQUIRED BY CPLR§2219 (a), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION.

PAPERS NUMBERED

NOTICE OF MOTION AND AFFIDAVITS ANNEXED..................... ......1-2........, .

ORDER TO SHOW CAUSE AND AFFIDAVITS ANNEXED..................................

ANSWERING AFFIDAVITS................................................................ ......................

REPLYING AFFIDAVITS.................................................................... ......................

EXHIBITS.....................................................................................................3-7 (B-F)

OTHER...................................................................................................

UPON THE FOREGOING CITED PAPERS, THIS DECISION/ORDER ON THE MOTION IS AS FOLLOWS:

Plaintiffs move for an Order "pursuant to Judiciary Law 753, 756 and 773 to hold Deborah Walker in contempt of court for failure to comply with the subpoena ad testificandum to appear at a deposition that was duly served on her on May 7, 2013, and upon finding such contempt, issuing a warrant of commitment directing any Sheriff to immediately arrest and compel the attendance of Deborah Walker for such time as the Court may direct and/or the imposition of such fines as the Court may impose, until such time as she complies with the subpoena, and directing her to pay all costs and expenses, including reasonable attorneys' fees associated with her contemptuous conduct; or in the alternative, conditionally granting such relief if Deborah Walker does not appear and give testimony on the date set by the Court."

After a review of the papers presented, all relevant statutes and case law, the Court denies the ...


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