Legal Opinion

Gardner v. Lefkowitz

New York Supreme Court

Decided December 14, 1978PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Louis Grossman, J.

Petitioners move for an order pursuant to CPLR 2304 quashing a subpoena duces tecum which was served upon them, requiring their appearance on September 18, 1978, in the office of the Attorney-General to testify in regard to a matter under investigation.

Michael Gardner (Gardner) is the president of Diamond Resources Corporation (DRC). Gardner contends that DRC is engaged in the business of the outright sale of diamonds to the public, without reservation of any interest, and with a limited right of the purchaser to return any item within five days of its…

2Cases cited18 opinions

  1. Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
  2. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  3. Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
  4. Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
  5. People v. Federated Radio CorporationNew York Court of Appeals · 1926

13 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. All Seasons Resorts, Inc. v. AbramsNew York Court of Appeals · 1986
  2. State v. Rachmani Corp.New York Court of Appeals · 1988
  3. Mullis v. Merrill Lynch, Pierce, Fenner and SmithDistrict Court, D. Nevada · 1980
  4. People v. First Meridian Planning Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Meagher v. Metropolitan Life InsuranceNew York Supreme Court · 1983

12 more not listed; retrieve them via the Exa API.

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