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MTR. OF N. Y. WORLD'S FAIR CORP. v. BEAME

22 A.D.2d 611 (1965)

In the Matter of New York World's Fair 1964-1965 Corporation, Appellant, v. Abraham D. Beame, as Comptroller of The City of New York, Respondent

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

April 1, 1965.

Attorney(s) appearing for the Case

Bernard L. Sanoff of counsel (Charles F. Preusse and John V. Thornton with him on the brief; Whitman, Ransom & Coulson, attorneys), for appellant.

John F. Kelly of counsel (Milton Weinberg and Stephen M. Clayton with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for respondent.

BOTEIN, P. J., and STEUER, J., concur with STEVENS, J.; EAGER, J., dissents in opinion in which BREITEL, J., concurs.

STEVENS, J.

This is an appeal from an order entered February 26, 1965 which denied petitioner's motion for an order vacating a subpœna duces tecum served upon it by the City Comptroller and which granted the cross motion of the City Comptroller for an order directing petitioner to comply with the subpœna duces tecum.

Briefly, respondent (referred to herein as Comptroller) served a subpœ...

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