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MATTER OF BONANNO v. RYAN

18 Misc.2d 711 (1959)

In the Matter of Joseph Bonanno, Petitioner, v. John W. Ryan, Jr., et al., Constituting the Commission of Investigation of the State of New York, Respondents.

Supreme Court, Special Term, New York County.

June 11, 1959.

Attorney(s) appearing for the Case

Harry H. Oshrin and Jacob W. Friedman for petitioner.

Eliot H. Lumbard and Peter J. McQuillan for respondents.

MORRIS E. SPECTOR, J.

Motion to quash a subpœna is denied. Petitioner is required to appear even in those cases where he need not answer incriminating questions. The privilege, when such exists, may only be claimed at the time the questions are propounded (United Ind. Syndicate v. Weismann, 2 A.D.2d 663). Even if the petitioner's contention were correct that a witness may not be compelled to appear for...

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