N.Y. Real Property Law § 305: Compelling witnesses to testify

§ 305. Compelling witnesses to testify. On the application of a

grantee in a conveyance, his heir or personal representative, or a

person claiming under either of them, verified by the oath of the

applicant, stating that a witness to the conveyance, residing in the

county where the application is made, refuses to appear and testify

concerning its execution, and that such conveyance can not be proved

without his testimony, any officer authorized to take, within the state,

acknowledgment or proof of conveyance of real property may issue a

subpoena, requiring such witness to attend and testify before him

concerning the execution of the conveyance. A subpoena issued under this

section shall be regulated by the civil practice law and rules.