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STATE OF NEW YORK v. METZ

171 Misc.2d 525 (1997)

654 N.Y.S.2d 989

State of New York, Plaintiff, v. James T. Metz, Jr., et al., Defendants.

Supreme Court, New York County.

February 5, 1997

Attorney(s) appearing for the Case

Smith, Buss & Jacobs, New York City (Jeffrey D. Buss of counsel), for Peterson Petroleum of New Hampshire, Inc., and another, defendants. Dennis C. Vacco, Attorney-General, New York City (Kenneth DeMario and Harvey Feldmeier of counsel), for plaintiff. Garcia & Stallone, Melville (Karl Zamurs of counsel), for James T. Metz, Jr., defendant. Mulholland, Minion & Roe, Williston Park (Margaret C. Reilly of counsel), for Alicia H. Metz and others, defendants. Pryor & Mandelup, L. L. P., Westbury (Eric J. Snyder of counsel), for Huntington & Kildare, Inc., defendant.

DAVID B. SAXE, J.

The key question posed by the motions before the court, which appears to be one of first impression, is whether testimonial evidence properly — but unilaterally — obtained by the State Attorney-General's office may serve as the basis for a summary judgment motion despite the CPLR's requirement that a person against whom deposition testimony is used must have been afforded the...

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