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CARMEL v. LUNNEY

119 A.D.2d 50 (1986)

Paul F. Carmel, Respondent, v. J. Robert Lunney et al., Doing Business as Lunney & Crocco, Esqs., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant. John W. Tabner et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants

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

July 31, 1986

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker (Glen Feinberg of counsel), for defendant and third-party plaintiff-appellant.

Maynard, O'Connor & Smith (James E. Hacker of counsel), for third-party defendants.

Pentak, Brown & Tobin (Timothy J. Mahar of counsel), for Howard M. Daffner, third-party defendant-appellant.

Steven M. Gates for respondents.

KANE and WEISS, JJ., concur with CASEY, J.; MAHONEY, P. J., concurs in a separate opinion; LEVINE, J., dissents and votes to affirm in an opinion.

CASEY, J.

In March 1980, plaintiff was subpoenaed by the Attorney-General to give testimony at a hearing held pursuant to the Martin Act (General Business Law art 23-A). The purpose of the hearing was to investigate possible fraudulent or deceptive practices in the promotion and sale of participating interests in a limited partnership known as Michael Starbuck, Inc. and Associates, offered to the public through...

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