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Decided on January 20, 2004
Supreme Court, Nassau County

INDEX NO. 11990-03
COUNSEL FOR PETITIONER Meyer, Suozzi, English & Klein, P.C. 1505 Kellum Place Mineola, New York 11501 COUNSEL FOR RESPONDENT Blank, Rome, Cominsky & McCauley, LLP 405 Lexington Avenue
New York, New York 10174-0208 LEONARD B. AUSTIN, J. The following papers were read on Respondent's motion to quash an Information Subpoena and Plaintiff's cross-motion to compel a response to the Information Subpoena and to appoint a receiver:
Notice of Motion dated November 3, 2003;
Affidavit of Leonard D. Steinman sworn to on November 3, 2003;
Petitioner's Memorandum of Law;
Order to Show Cause dated December 3, 2003;
Affirmation of Erica B. Garay, Esq. dated November 21, 2003;
Respondent's Memorandum of Law;
Petitioner's Reply Memorandum of Law;
Reply Affirmation of Erica B. Garay, Esq. dated December 4, 2003.

Respondent ASA Trading, Inc. moves to quash the Information Subpoena served on it by
Petitioner. Petitioner Harbor Footwear Group, Ltd. cross-moves for the appointment of a receiver, pursuant to CPLR 5228 and to compel a response to the Information Subpoena.
BACKGROUND
In June 2001, Petitioner Harbor Footwear Group, Ltd. ("Harbor") and Respondent ASA [*2]Trading, Inc. ("ASA") a California corporation entered into a licensing agreement granting ASA the right to sell apparel under a trademark owned by Harbor.
Among other things, the licensing agreement provided that any disputes arising out of the contract "shall be submitted to and settled by arbitration" and that the parties consented to the jurisdiction of the Supreme Court, Nassau County (Agreement,

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