Legal Opinion

Foley v. City of New York

New York Supreme Court

Decided January 2, 1973PublishedCited by 7 opinions

1Opinion of the CourtSidney H. Rosen, J.

Plaintiff, by subpoena duces tecum, seeks the production of the Grand Jury minutes of Officer Alvarez, Officer Milmore, and the Medical Examiner before the Trial Judge in her civil action, with regard to the homicide of plaintiff’s intestate. The reason given for the necessity of the production of these minutes is the possible impeachment. of any of the above, who testified before the Grand Jury, and who may testify as defendants’ witnesses.

The District Attorney objects to the release of the Grand Jury minutes in civil cases where the purpose is to serve a private litigant. While conceding…

2Cases cited3 opinions

  1. Marinelli v. StateNew York Court of Claims · 1972
  2. Dworetzky v. Monticello Smoked Fish Co.Appellate Division of the Supreme Court of the State of New York · 1939
  3. Kruger v. County of NassauNew York Supreme Court · 1967

3Cited by7 opinions

  1. Jones v. StateAppellate Division of the Supreme Court of the State of New York · 1981
  2. In re City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1977
  3. Albert v. Zahner's Sales Co.New York Supreme Court · 1975
  4. Herring v. City of Syracuse, New York County Courts1975
  5. In re FOJP Service Corp.New York Supreme Court · 1983

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