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MATTER OF ATTORNEY-GEN. OF THE STATE OF NEW YORK

7 Misc.2d 320 (1957)

In the Matter of the Attorney-General of the State of New York, Petitioner. Republic Gas & Uranium Corp. et al., Respondents.

Supreme Court, Special Term, New York County.

July 8, 1957.

Attorney(s) appearing for the Case

Clarence W. Hobbs for Michael T. Gasparik.

Louis J. Lefkowitz, Attorney-General (Morton L. Certilman of counsel), for petitioner.

JOHN L. FLYNN, J.

This motion to modify an order directing the moving party to appear and be examined pursuant to section 354 of the General Business Law is in all respects denied. The applicable rule was succinctly stated by Judge CARDOZO in the Matter of Ottinger v. Civil Service Comm. (240 N.Y. 435, 439) when he said: "In support of such an action and almost upon mere request, he may have an examination before trial of parties or of witnesses...

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