JOHNSTON v. CITY OF NEW YORK


281 A.D. 1023 (1953)

Louise M. Johnston, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 19, 1953.


We find no legislative or judicial sanction for the setting aside of a verdict as a penalty for the noncompliance with a subpœna duces tecum. Other specific penalties are provided by law. Further, in this case the subpœna served on the city differed materially from that approved by the court and there appears to have been reasonable compliance with the subpœna as approved. Again there is a serious question as to the relevancy of the documents sought or whether...

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