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STATE OF NY v. METZ

241 A.D.2d 192 (1998)

671 N.Y.S.2d 79

State of New York, Appellant, v. Alicia H. Metz et al., Respondents, et al., Defendants

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

April 14, 1998

Attorney(s) appearing for the Case

Gary R. Connor of counsel (Harvey Feldmeier on the brief; Dennis C. Vacco, Attoey-General, attorney), for appellant.

Margaret C. Reilly of counsel (Mulholland, Minion & Roe, attorneys), for Alicia H. Metz and others, respondents.

Jeffrey D. Buss of counsel (Smith, Buss & Jacobs, L. L. P., attorneys), for Peterson Petroleum and another, respondents.

Karl Zamurs of counsel (Michael Jenks on the brief; Garcia & Stallone, attorneys), for James T. Metz, Jr., respondent.

ROSENBERGER, J. P., NARDELLI and WALLACH, JJ., concur.

ANDRIAS, J.

In this Martin Act case involving alleged fraudulent statements made in connection with the sponsorship of two cooperative apartment complexes, the issue presented by the parties is whether the State may use, in support of its motion for partial summary judgment, certain depositions and documents previously obtained by it during its investigation pursuant to sections 352 and 354 of the Act (General...

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