Graphite Metallizing Corp. v. Blasko

Appellate Division of the Supreme Court of New York

Graphite Metallizing Corp. v. Blasko

35 A.D.2d 821, 317 N.Y.S.2d 604, 1970 N.Y. App. Div. LEXIS 3478

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1970

StatusPublished

This text of 35 A.D.2d 821 (Graphite Metallizing Corp. v. Blasko) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Graphite Metallizing Corp. v. Blasko, 35 A.D.2d 821, 317 N.Y.S.2d 604, 1970 N.Y. App. Div. LEXIS 3478 (N.Y. Ct. App. 1970).

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Opinion

No opinion. Order of the Supreme Court, Westchester County, dated February 4, 1970, affirmed, with $10 costs and disbursements jointly against appellants appearing separately. The making of the order dated February 4, 1970 was, in our view, not only a proper exercise of the Special Term’s discretion but required as a matter of law. By their motions, defendants in effect sought to relitigate matters which had theretofore been decided in this action. Moreover, CPLR 4506, as amended in 1969 (L. 1969, ch. 1147), is not retroactive. It applies only to evidence obtained after June 25, 1969. The alleged eavesdropping evidence sought to be suppressed was procured long before that date.

Munder, Acting P. J., Martuseello, Kleinfeld, Brennan and Benjamin, JJ., concur.

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No opinion. Order of the Supreme Court, Westchester County, dated February 4, 1970, affirmed, with $10 costs and disbursements jointly against appellants appearing separately. The making of the order dated February 4, 1970 was, in our view, not only a proper exercise of the Special Term’s discretion but required as a matter of law. By their motions, defendants in effect sought to relitigate matters which had theretofore been decided in this action. Moreover, CPLR 4506, as amended in 1969 (L. 1969, ch. 1147), is not retroactive. It applies only to evidence obtained after June 25, 1969. The alleged eavesdropping evidence sought to be suppressed was procured long before that date.

Munder, Acting P. J., Martuseello, Kleinfeld, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

35 A.D.2d 821, 317 N.Y.S.2d 604, 1970 N.Y. App. Div. LEXIS 3478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graphite-metallizing-corp-v-blasko-nyappdiv-1970.