Echel Gasoline Corp. v. New York City Department of Consumer Affairs

Appellate Division of the Supreme Court of New York

Echel Gasoline Corp. v. New York City Department of Consumer Affairs

108 A.D.2d 717, 485 N.Y.S.2d 284, 1985 N.Y. App. Div. LEXIS 43057

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1985·Published

Opinion

In a proceeding to vacate, cancel and set aside a subpoena duces tecum served by the New York City Department of Consumer Affairs upon Exxon Corporation, the New York City. Department of Consumer Affairs appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Rader, J.), dated February 28, 1983, as granted the application.

[718] Order reversed, insofar as appealed from, on the law, with costs, and application dismissed.

Petitioner has no proprietary interest in the subpoenaed documents and, therefore, does not have standing to challenge a subpoena served on a third party (see, 38-14 Realty Corp. v New York City Dept, of Consumer Affairs, 103 AD2d 804). Lazer, J. P., Bracken, Rubin and Fiber, JJ., concur.

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In a proceeding to vacate, cancel and set aside a subpoena duces tecum served by the New York City Department of Consumer Affairs upon Exxon Corporation, the New York City. Department of Consumer Affairs appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Rader, J.), dated February 28, 1983, as granted the application.

[718] Order reversed, insofar as appealed from, on the law, with costs, and application dismissed.

Petitioner has no proprietary interest in the subpoenaed documents and, therefore, does not have standing to challenge a subpoena served on a third party (see, 38-14 Realty Corp. v New York City Dept, of Consumer Affairs, 103 AD2d 804). Lazer, J. P., Bracken, Rubin and Fiber, JJ., concur.

Echel Gasoline Corp. v. New York City Department of Consumer Affairs, 108 A.D.2d 717, 485 N.Y.S.2d 284, 1985 N.Y. App. Div. LEXIS 43057 (N.Y. Ct. App. 1985).

Pincite

108 A.D.2d 717 (Echel Gasoline Corp. v. New York City Department of Consumer Affairs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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