The following e-filed documents, listed by NYSCEF document number (Motion 003) 45, 46, 47, 48, 49, 50, 51 were read on this motion for SUBPOENA.

In this property insurance dispute, defendant STARR Indemnity & Liability Company ("Starr") moves, by notice of motion, for a so-ordered subpoena directed to the City of New York, Department of Buildings, for records related to a construction project located at 1059 Third Avenue, New York, New York. STARR requests that this court issue a judicial subpoena duces tecum that directs the New York City Department of Buildings to produce documents relating to an incident on January 9, 2019, when a partially constructed exterior wall panel fell from the 25th floor of the project onto an adjacent building. It is alleged that the New York City Department of Buildings has records relevant to this action to enforce coverage under a builder's risk insurance policy issued by Starr to plaintiff.

This is Starr's second motion for a so-ordered subpoena. By order dated September 6, 2022, this court denied Starr's prior request for a so-ordered subpoena (motion seq. no. 002), for failing to file the motion on notice to the City of New York, as required by the terms of CPLR 2307(a) (see, NYSCEF doc. no. 44). The motion was denied, without prejudice, with leave to renew within twenty (20) days upon proof of notice in compliance with CPLR 2307 (id.).

On September 12, 2022, Starr filed the instant motion (NYSCEF doc. no. 46), seeking identical relief. Starr requests that this court issue a so-ordered subpoena directed to the City of New York, Department of Buildings, for records for the period of January 1, 2016 through the present, and "information regarding the construction of the premises and any issues encountered prior to January 9, 2019 and the investigation into what caused the wall panel to fall from the building" (NYSCEF doc. no. 46, para., 6).

CPLR 2307(a) provides:

"[a] subpoena duces tecum to be served upon a library, or a department or bureau of a [*2]municipal corporation or of the state, or an officer thereof, requiring the production of any books, papers or other things, shall be issued by a justice of the supreme court in the district in which the book, paper or other thing is located or by a judge of the court in which an action for which it is required. 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.

That statute is reinforced by CPLR 3120(4), which expressly provides that the motion requirements in CPLR 2307 are applicable when a subpoena duces tecum is sought to be served on governmental departments in pretrial disclosure. The motion must be made on notice to the department or officer having custody of the records sought (CPLR 2307).

In support of the instant motion, Starr files an affidavit of service establishing that the City of New York was placed on notice of Starr's request (NYSCEF doc. no. 51). No opposition to the instant motion has been filed. Therefore, having established that the records and information sought from the New York City Department of Buildings fall within the ambit of CPLR 2307, and having moved this court for issuance of the municipal subpoena and established that application was made on notice to the City of New York in accordance with CPLR 2307 and CPLR 2302[b], it is hereby

ORDERED that defendant Starr's motion pursuant to CPLR 2307 for a so-ordered subpoena, directed to the City of New York, Department of Buildings (motion sequence 003), is granted, without opposition; and it is further

ORDERED that Starr shall serve the New York City Buildings Department, care of the New York Office of General Counsel, located at 280 Broadway, 7th Floor, New York, New York, 10007, by registered or certified mail, with a copy of this order and the so-ordered subpoena for documents and testimony, within ten (10) days of entry of this order.