Appellate Division of the Supreme Court of the State of New York December 27, 2012 (American Heritage Realty LLC v. Strathmore Insurance)

Mercure, J.P.

*1523Initially, we reject plaintiffs’ argument that defendant is not aggrieved by the denial of its motion to quash. While Supreme Court’s order compelled only Marks, who is a nonparty, to comply with the subpoena, defendant had a legal interest affected by the denial of the relief that it sought — under the CPLR, an adverse party has the right to move to quash a nonparty subpoena