GAIR v. PECK


5 A.D.2d 303 (1958)

Harry A. Gair et al., Respondents, v. David W. Peck et al., Individually and as Justices of the Appellate Division of the Supreme Court of The State of New York in and for the First Judicial Department, Appellants

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

March 27, 1958.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John R. Davison and James O. Moore, Jr., of counsel), for appellants.

Howard Hilton Spellman (Samuel G. Fredman and Henry A. Weinstein with him on the brief), for respondents.

David Stein and Harry Cohen for Bronx County Bar Association, amicus curiæ.

Louis E. Schwartz and Louis M. Brass for Brooklyn Bar Association, amicus curiæ.

N. Le Van Haver for Federation of Bar Associations of the Third Judicial District, amicus curiæ.

Copal Mintz for New York County Lawyers Association, amicus curiæ.

FOSTER, P. J., COON and GIBSON, JJ., concur; BERGAN, J., not voting.


Per Curiam.

The judgment appealed from declares invalid (except as to two subdivisions) rule 4 of the Special Rules Regulating the conduct of Attorneys and Counselors-at-Law in the First Judicial Department. The appeal comes to us by virtue of an order of that Appellate Division, made pursuant to section 618 of the Civil Practice Act. The plaintiffs are attorneys and counselors-at-law who have their respective offices...

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