Appellate Division of the Supreme Court of the State of New York May 10, 2001 (Fleming v. Vassallo)

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered October 18, 2000, which denied defendants’ motion to strike the note of issue and to compel documentary and testimonial discovery from a subpoenaed non-party witness, unanimously reversed, on the law, the facts and in the exercise of discretion, with costs, the motion granted, the note of issue stricken and the subpoenaed