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CITY OF BUFFALO v. HANNA FURNACE CORP.

305 N.Y. 369 (1953)

City of Buffalo, Respondent, v. Hanna Furnace Corporation et al., Appellants.

Court of Appeals of the State of New York.

Decided June 4, 1953

Attorney(s) appearing for the Case

Dana B. Hellings, Percy R. Smith and Ralph Ulsh for appellants.

Fred C. Maloney, Corporation Counsel (Francis E. Cornish of counsel), for respondent.

Nathaniel L. Goldstein, Attorney-General (Matthew A. Tiffany and Wendell P. Brown of counsel), for Bertram D. Tallamy, as Superintendent of Public Works of the State of New York and as Chairman of the New York State Thruway Authority.

LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ., concur.

FULD, J.

The issue here presented is whether an officer or agent of the state or of a state agency may be examined as a witness before trial, under the conditions specified in section 288 of the Civil Practice Act, in an action to which neither state, state agency nor such officer or agent is a party. Both courts below — with one justice dissenting in the Appellate Division — have concluded that...

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