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SCHWARTZ v. LUBIN

12 Misc.2d 768 (1958)

Lillie Schwartz, Plaintiff, v. Isador Lubin, as Industrial Commissioner of the State of New York, Defendant.

Supreme Court, Special Term, New York County.

May 16, 1958.

Attorney(s) appearing for the Case

Joseph Schwartz for plaintiff.

Louis J. Lefkowitz, Attorney-General (Hyman Amsel of counsel), for defendant.

WILLIAM C. HECHT, J.

This suit was instituted against defendant, Isador Lubin, not in his individual capacity but solely as Industrial Commissioner of the State of New York. Plaintiff seeks to examine him before trial as an adverse party.

In the case of City of Buffalo v. Hanna Furnace Corp. (305 N.Y. 369) the Court of Appeals held that upon a proper showing a State official could be examined before trial...

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