On March 18, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Bissell St. I, LLC v. Westbrook Partners LLC, 2024 NY Slip Op. 30884(U), quashing subpoenas to governmental agencies for failure to give CPLR 2307 notices, explaining:
CPLR 2307 governs a subpoena seeking books, papers and other things from a library, or a department or bureau of a municipal corporation or of the state, or an officer thereof. CPLR 2307 provides that unless the court orders otherwise, a motion for such subpoena shall be made on at least one day’s notice to the library, department, bureau or officer having custody of the book, document or other thing and the adverse party. The statute is reinforced by CPLR 3120(4), which notes that the motion requirements in CPLR 2307 are applicable when a subpoena duces tecum is sought to be served on a library or certain governmental departments in pretrial disclosure. Here, nothing in the record indicates that Plaintiffs provided the notice required by CPLR 2307 to the Non-Parties. Thus, Plaintiffs have not given the Non-Parties an opportunity to oppose these motions. Accordingly, the motions must be denied.
(Internal quotations and citations omitted).