PEO. EX REL. PORT PETROLEUM v. ATL. TERM.


2 A.D.2d 153 (1956)

The People of the State of New York ex rel. Port Petroleum Corporation, Respondent, v. Atlantic Coast Terminals, Inc., Appellant

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

July 9, 1956.


Attorney(s) appearing for the Case

Lawrence R. Condon, John R. Lazenby, F. Walter Bliss and Warner M. Bouck for appellant.

Jacob K. Javits, Attorney-General (Edward L. Bookstein of counsel), for respondent.

FOSTER, P. J., BERGAN, COON and GIBSON, JJ., concur.


ZELLER, J.

The sole issue on this appeal is whether the State of New York, when plaintiff in an action in Supreme Court, may be required, through its officers and agents, to submit to an examination before trial requested by the defendant. This action was brought by the State pursuant to section 138 of the Public Lands Law to vacate and annul letters patent previously granted by the State to defendant-appellant...

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