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DOMINO v. BARRY

39 A.D.2d 566 (1972)

Anthony F. Domino, Plaintiff, v. John F. Barry, as Commissioner of Police of the County of Suffolk, et al., Defendants. Impala Electronics, Inc., Respondent-Appellant, v. Riker Video Industries, Inc., Appellant-Respondent. Riker Video Industries, Inc., Third-Party Plaintiff-Appellant, v. Impala Electronics, Inc., et al., Third-Party Defendants-Respondents, and Anthony F. Domino et al., Third-Party Defendants

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

April 17, 1972

Order modified by adding a paragraph following the last decretal paragraph thereof as follows: "Provided, however, that the granting in part of the motion to quash the subpoenas is without prejudice to Riker Video's applying to the trial court for any of the items quashed, upon a proper showing of materiality and relevance." As so modified, order, insofar as appealed from, affirmed, with $20 costs assessed against defendant Riker Video.

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