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MATTER OF HORN CONSTR. CO., INC. v. FRAIMAN

29 N.Y.2d 559 (1971)

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

Court of Appeals of the State of New York.

Decided July 6, 1971.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Eric J. Byrne and Stanley Buchsbaum of counsel), for appellant.

Mario Matthew Cuomo for respondent.

Concur: Judges BURKE, SCILEPPI, BERGAN and GIBSON. Judge JASEN dissents and votes to reverse in the following opinion in which Chief Judge FULD and Judge BREITEL concur.

Order affirmed, with costs, on the opinion at the Appellate Division.

JASEN, J. (dissenting).

In March, 1968, the Commissioner of Investigation of the City of New York (Commissioner) received a complaint that a named inspector employed by the Department of Marine and Aviation had attempted to extort a sum of money from a subcontractor of the respondent, Horn Construction Co., Inc. (Horn).

A preliminary investigation by the Commissioner...

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