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PEOPLE v. SCANLON

13 N.Y.2d 982 (1963)

The People of the State of New York, Appellant, v. George F. Scanlon, Individually and Doing Business under the Name of Sloat and Scanlon, Respondent.

Court of Appeals of the State of New York.

Decided October 31, 1963.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Paxton Blair of counsel), for appellant.

Raymond J. McGrover for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.

Order reversed, without costs, and matter remitted to Special Term with instructions to dismiss defendant's application to modify the injunction and his motion to set aside the subpœna upon the ground that the issues are moot (1) because defendant desires to withdraw his application to modify the 1939 injunction; and (2) because the issuance of such a subpœna as is here attacked is now authorized by new subdivision 4 of section 359-g of the General Business Law...

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