Broadway Maintenance Corp. v. Grumet

• Decision Date: 02 March 1961
• Citation: 214 N.Y.S.2d 339,174 N.E.2d 325,9 N.Y.2d 719
• Parties: , 174 N.E.2d 325 Application of BROADWAY MAINTENANCE CORP., Appellant, v. Jacob CRUMET, Chairman, Myles J. Lane et al., Commissioners Constituting the Temporary Commission of Investigation of the State of New York, Respondents, to vacate, quash and set aside certain subpoenas duces tecum, etc.
• Court: New York Court of Appeals Court of Appeals

Page 339

214 N.Y.S.2d 339

9 N.Y.2d 719, 174 N.E.2d 325

Application of BROADWAY MAINTENANCE CORP., Appellant, v. Jacob CRUMET, Chairman, Myles J. Lane et al., Commissioners Constituting the Temporary Commission of Investigation of the State of New York, Respondents, to vacate, quash and set aside certain subpoenas duces tecum, etc.

Court of Appeals of New York.

March 2, 1961.

Appeal from Supreme Court, Appellate Division, First Department, 12 A.D.2d 758, 211 N.Y.S.2d 614.

An application was made by the petitioner to vacate, quash, and set aside two subpoenas duces tecum issued by the Temporary Commission of Investigation of the State of New York and to enjoin the commissioners from any further proceedings to enforce the subpoenas against the petitioner.

The Supreme Court, Special Term, New York County, Henry Epstein, J., rendered an order dismissing the petition and decreeing affirmatively the production of certain books, records, and field reports, and the petitioner appealed.

The Appellate Division modified the order and affirmed it as modified and held that the commissioners could not require the production of records which they did not request by subpoena. Rabin and Valente, JJ., dissented.

The petitioner appealed to the Court of Appeals.

Amen, Weisman & Butler, New York City (Weisman, Roth, Liff and Lazar, New York City, of counsel), for appellant.

Whitney North Seymour, Jr., and Harold Boer, Jr., New York City (Victor A. Cocozziello, New York City, of counsel), for respondents.

Order affirmed.

All concur.