Seligson v. Fidelity & Casualty Co.

Concur — McGivern, J. P., Markewich and Eager, JJ.; Kupferman and Tilzer, JJ., dissent in the following memorandum by Kupferman, J.: It is clear that the Court of Appeals in People v. Bunge Corp. (25 N Y 2d 91) held that the evidence collected by the Attorney-General is confidential, and that subdivision 5 of section 352 of the General Business Law prohibits disclosure of information obtained in a Martin Act investigation, except as directed by the Attorney-General. The defendant-third-party plaintiff-respondent, the Fidelity and Casualty Co. of New York, by motion for an order pursuant to…