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AIRBNB, INC. v. SCHNEIDERMAN

5393-13

44 Misc.3d 351 (2014)

2014 NY Slip Op 24129

AIRBNB, INC., Petitioner, v. ERIC T. SCHNEIDERMAN, Attorney General of the State of New York, Respondent.

Supreme Court, Albany County.

Decided May 13, 2014.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City ( Roberta A. Kaplan and Maria T. Vullo of counsel), and Kindlon Shanks & Associates, Albany ( Terence L. Kindlon of counsel), for petitioner.

Eric T. Schneiderman, Attorney General, New York City (Clark Russell, Karla G. Sanchez and Randall Fox of counsel), respondent pro se.

Wilmer Cutler Pickering Hale & Dorr, LLP, New York City ( Fiona J. Kaye of counsel), and Wilmer Cutler Pickering Hale & Dorr, LLP, Washington, D.C. ( Patrick J. Carome and Samir Jain of counsel), for The Internet Association, amicus curiae.

Robert W. Jones , East Greenbush, Matthew Zimmerman , San Francisco, California, and Gregory T. Nojeim , Washington, D.C., for Electronic Frontier Foundation and another, amici curiae.

OPINION OF THE COURT

GERALD W. CONNOLLY, J.

Before the court is the application of Airbnb, Inc. (petitioner) for the quashing of a subpoena served in the matter of an investigation by Attorney General Eric T. Schneiderman relating to petitioner's clients that rent apartments located in New York State via petitioner's Internet platform.1 The subpoena commands that, "pursuant to...

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