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CITY OF NY v. BUSTOP SHELTER

104 Misc.2d 702 (1980)

City of New York, Plaintiff, v. BusTop Shelters, Inc., Defendant. Convenience & Safety Corp., Intervenor.

Supreme Court, Trial Term, New York County.

March 26, 1980.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (James G. Greilsheimer, Hadley W. Gold, Isaac Klepfish and Craig A. Landy of counsel), for plaintiff. Windels, Marx, Davies & Ives (Paul Windels, Jr., Raymond T. Munsell and E. Miles Prentice, III, of counsel), for defendant. Stein Rosen & Ohrenstein (David B. Simpson and Michael Brown of counsel), for intervenor.

BENTLEY KASSAL, J.

ISSUE

The principal issue is whether information, assembled in the course of a continuing investigation by the City of New York's Department of Investigation, is subject to disclosure either under the Freedom of Information Law (FIL) (Public Officers Law, § 84 et seq.) or under the normal CPLR article 31 disclosure provisions by reason of the fact that the City of New...

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