Appellate Division of the Supreme Court of the State of New York September 29, 2016, 1772N 100115/09 (Massa v. Lower Manhattan Development Corp.)

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered March 21, 2016, which denied defendants Bovis Lend Lease LMB, Inc. and Bovis Lend Lease, Inc.’s (Bovis) motion to quash a subpoena by plaintiff for a nonparty deposition, unanimously affirmed, without costs.

The motion court determined that the motion to quash was moot because the noticed deposition date had passed.