Legal Opinion

In re Delehanty

New York Supreme Court

Decided August 20, 1952PublishedCited by 4 opinions

1Opinion of the CourtSaypol, J.

This is a companion application to that of Matter of Delehanty (Sullivan) (202 Misc. 33), decided simultaneously herewith. Here the respondent appeared before, the third deputy police commissioner in response to a subpoena. He was sworn and answered a few questions. He refused, however, to answer other questions.

In addition to the contentions urged by the respondent in the companion application which I have already overruled, this respondent invokes section 355 of the Civil Practice Act, insofar as that statutory provision permits a witness to refuse to answer when the answer would “ expose…

2Cases cited18 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Helvering v. MitchellSupreme Court of the United States · 1938
  3. Adler v. Board of Ed. of City of New YorkSupreme Court of the United States · 1952
  4. Garner v. Board of Public Works of Los AngelesSupreme Court of the United States · 1951
  5. United States v. MurdockSupreme Court of the United States · 1931

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3Cited by4 opinions

  1. Laba v. Newark Board of EducationSupreme Court of New Jersey · 1957
  2. Hoban v. RochfordAppellate Court of Illinois · 1979
  3. Laba v. Newark Board of EducationSupreme Court of New Jersey · 1957
  4. State v. SuggsNew York Supreme Court · 2011

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