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MTR. OF HORN CONSTR. v. FRAIMAN

34 A.D.2d 131 (1970)

In the Matter of Horn Construction Co., Inc., Appellant, v. Arnold G. Fraiman, as Commissioner of Investigation of The City of New York, Respondent

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

April 21, 1970.

Attorney(s) appearing for the Case

Mario Matthew Cuomo of counsel (Corner, Finn, Cuomo & Charles, attorneys), for appellant.

Robert T. Hartmann of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for respondent.

MARKEWICH and STEUER, JJ., concur; McGIVERN, J., dissents and votes to affirm.

STEVENS, P. J.

This is an appeal from an order-judgment entered September 16, 1969, which denied an application to quash a subpoena duces tecum.

In October, 1967 Horn Construction Co., Inc. (Horn) entered into a contract with the New York City Department of Marine and Aviation (M & A) for the demolition of certain piers in Manhattan. Horn subcontracted the work to City Demolition Corporation (Demolition) at an agreed lump sum of $76,000. Demolition...

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