Legal Opinion
Schwartz v. Lubin
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1958PublishedCited by 3 opinions
1Opinion of the CourtM. M. Frank, J.
This cause for injunctive relief requires us to determine whether the Supreme Court of this State has the inherent equitable power to enjoin the State Industrial Commissioner from destroying certain records now in the possession of his department.
The plaintiff, a civil service employee in the New York State Department of Labor, is now on departmental trial upon charges, which, if established, can result in her dismissal from the service. It is her claim that certain official records in the department’s possession will enable her to defend herself successfully against those charges.
The…
2Cases cited21 opinions
- Matter of SteinwayNew York Court of Appeals · 1899
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- Walker v. . WalkerNew York Court of Appeals · 1880
- McGillicuddy v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1952
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3Cited by3 opinions
- Martin v. SchumacherAppellate Division of the Supreme Court of the State of New York · 1979
- City of Cohoes v. SpizowskiAppellate Division of the Supreme Court of the State of New York · 1979
- Shang v. SilvianAppellate Division of the Supreme Court of the State of New York · 1977