Serve that subpoena right

Whitfield v Q-Boro Books, 2018 NY Slip Op 01552 [1st Dept 2018]

CPLR 2303(a) provides, in relevant part, that "a subpoena requiring attendance or a subpoena duces tecum shall be served in the same manner as a summons." Here, plaintiff admitted that he did not properly serve Chin with the trial subpoena. Because service was improper, there was no lawful judicial order in effect for Chin to disobey (see El-Dehdan v El-Dehdan, 26 NY3d 19, 29 [2015]).