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KOCH v. MAC QUEEN

192 Misc.2d 342 (2002)

746 N.Y.S.2d 229

ALFRED KOCH et al., Respondents, v. LLOYD MAC QUEEN et al., Appellants.

Supreme Court, Appellate Term, Second Department.

May 17, 2002.

Attorney(s) appearing for the Case

Lloyd Mac Queen, appellant pro se.

David W. Graber, Garden City, for respondents.

FLOYD, P.J., DOYLE and WINICK, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Final judgment unanimously reversed with $30 costs and a new trial ordered.

Reversal is required in view of numerous errors, including the District Court's improper refusal to issue a subpoena for the building inspector (Matter of Coney Is. Dairy Prods. Corp. v Baldwin, 243 App Div 178), whose testimony as to the presence of violations would not have been merely...

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