Friedeberg v. Haffen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Theodore Friedeberg and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of -the clerk of the county of Hew York on the 19th day of March, 1914, denying their application for the issue of a subpcena duces tecum directed to the president of the borough of The Bronx.
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Appeal by the plaintiffs, Theodore Friedeberg and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of -the clerk of the county of Hew York on the 19th day of March, 1914, denying their application for the issue of a subpcena duces tecum directed to the president of the borough of The Bronx. The application was made pursuant to rule 9 of the General Rules of Practice, as added in 1913, and was to secure the production of certain official records.
1Opinion of the Court
Laughlin, J.:
The application was opposed on the ground that the official records sought to be produced are written communications *80which passed between the president of the borough and the corporation counsel, and that they are privileged by virtue of section 835 of the Code of Civil Procedure. It has been held that the Information given by a municipal officer to the corporation counsel, to whom he is required to apply and upon whose advice he is entitled to rely pursuant to law (See Greater N. Y. Charter [Laws of 1901, chap. 466], § 255), and the advice received, are within the protection of…
2Cases cited1 opinion
- People ex rel. Updyke v. GilonNew York Supreme Court · 1889
3Cited by11 opinions
- People v. Coleman, New York County Courts1973
- State v. MastracciAppellate Division of the Supreme Court of the State of New York · 1980
- McGowan v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
- People v. MirandaNew York Supreme Court · 1982
- In re the Estate of EbbetsNew York Surrogate's Court · 1935
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