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Jul 3, 2025

Defendants' subpoenas served on former school district employees in order to depose them quashed

Supreme Court granted the cross-motions of the City of New York and the New York City Department of Education [City] to quash subpoenas issued by the New York City School Construction Authority and Admiral Construction LLC [Defendants] in an effort to depose two former employees of City subpoenaed by Defendants for deposition.*

Defendants appealed the Supreme Court's action but the Appellate Division unanimously affirmed the Supreme Court's decision, without costs, observing that Supreme Court had "providently exercised its discretion" in granting City's cross-motion to quash the subpoenas. 

City, opined the Court, had demonstrated the futility of uncovering anything legitimate via depositions of the subpoenaed former school principals as to the "individual plaintiff's claims of an injurious trip and fall on the scaffold in a fenced-off, locked area that was restricted to construction workers".  

In addition, the Appellate Division noted that "[there] was no evidence the former principals had personal knowledge of the circumstances of the individual plaintiff's fall or of the alleged tripping hazards on the scaffold". In the words of the Appellate Division: "Defendants failed to demonstrate that the deposition testimony of the principals was material and necessary to assist in addressing the premises liability issues".

* The Appellate Division noted that Defendants' subpoenas to compel the deposition testimony of two former New York City Department of Education employees were properly served as Defendants' subpoenas were addressed to them individually, as nonparties, and afforded them proper notice of the claims at issue.

Click HERE to access the Appellate Division's decision posted on the Internet.


NYPPL Publisher Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

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