MARKOWITZ v. FEIN


39 A.D.2d 517 (1972)

Naomi B. Markowitz, Individually and as Administratrix of The Estate of Ruben Markowitz, Deceased, et al., Plaintiffs, v. Irving Fein, as Committee of The Estate of Mark Fein, Respondent. Frank S. Hogan, as District Attorney of New York County, Appellant

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

April 6, 1972


Reversed on the law, the facts and in the exercise of discretion and the application for a subpoena duces tecum pursuant to CPLR 2307 (subd. [a]) is denied, without costs and without disbursements.

The District Attorney of New York County appeals from an order which granted defendant-respondent's motion for a subpoena duces tecum directing the production of certain records in the District Attorney's possession. On May 26, 1965, Mark Fein was convicted of murder in...

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