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BURROWS v. MONROE COUNTY FAIR

08/8161.

28 Misc.3d 272 (2010)

898 N.Y.S.2d 791

GARY BURROWS et al., Plaintiffs, v. MONROE COUNTY FAIR & RECREATION ASSOCIATION, INC., et al., Defendants.

Supreme Court, Monroe County.

Decided March 10, 2010.

Attorney(s) appearing for the Case

Leclair Korona Giordano Cole LLP, Rochester ( Laurie A. Giordano of counsel), for plaintiffs.

Damon & Morey LLP, Buffalo ( Michael E. Appelbaum of counsel), for Monroe County Fair & Recreation Association, Inc., defendant. Evans & Fox LLP, Rochester ( Richard J. Evans of counsel), for Howard Burrows, doing business as Allied Communications, defendant.

OPINION OF THE COURT

WILLIAM P. POLITO, J.

Relief Requested

Plaintiff on December 2, 2009 moved to quash the defendant's November 10, 2009 motion for a court-issued subpoena duces tecum to compel the sheriff's property clerk to turn over two vials of whole blood from its storage room for blood alcohol testing.

Facts

Approximately, two years earlier on January 29, 2008 at 4:00 P.M. the blood had been drawn...

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