In re Inter-City Associates, Inc.

New York Court of Appeals

In re Inter-City Associates, Inc.

127 N.E.2d 872, 308 N.Y. 1044, 1955 N.Y. LEXIS 1265

CourtNew York Court of Appeals

DecidedJune 10, 1955

StatusPublished

Cited by2 cases

This text of 127 N.E.2d 872 (In re Inter-City Associates, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Inter-City Associates, Inc., 127 N.E.2d 872, 308 N.Y. 1044, 1955 N.Y. LEXIS 1265 (N.Y. 1955).

Pincite

Opinion

Per Curiam.

Inasmuch as this application to quash a subpoena duces tecum was made in the Supreme Court, it is a civil proceeding, and is accordingly appealable (People v. “ Doe ” [Byk], 247 App. Div. 324, affd. 272 N. Y. 473; Matter of Ryan [Hogan], 306 N. Y. 11; Civ. Prac. Act, § 588, subd. 1, par. [a]).

The Appellate Division has dismissed the appeal, but in its opinion stated that if it “ had jurisdiction to entertain the appeal [1045]*1045on the merits, it would affirm the order ”. We agree that the Special Term order should be affirmed (Matter of Manning v. Valente, 272 App. Div. 358, affd. 297 N. Y. 681; Matter of Mohawk Overall Co., 210 N. Y. 474, motion to dismiss granted 235 U. S. 685).

Accordingly, the order of the Appellate Division should be reversed and that of Special Term affirmed, with directions to Special Term to fix a new return date.

Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ., concur.

Ordered accordingly.

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