Legal Opinion · Dissent

New York World's Fair 1964-1965 Corp. v. Beame

Appellate Division of the Supreme Court of the State of New York

Decided April 1, 1965Published

1Dissent

Eager, J. (dissenting).

I agree that the Comptroller has subpoena power “to require the attendance” of persons, to the end that he may “ examine and take the testimony under oath of such persons ” for the purposes set forth .in subdivision b of section 93 of the New York City Charter. Such power as he possessed to issue a subpoena ‘ ‘ to require the attendance ’ ’ of a person as a witness, in accordance with the provisions of such section was not, in my opinion, abrogated by the repeal of section 406 of the Civil Practice Act.. Clearly, however, the power conferred upon the Comptroller by…

2Cases cited6 opinions

  1. Jones v. Securities & Exchange CommissionSupreme Court of the United States · 1936
  2. Matter of Edge Ho Holding Corp.New York Court of Appeals · 1931
  3. Dawn Operators, Inc. v. LyonAppellate Division of the Supreme Court of the State of New York · 1954
  4. In re EllisNew York Supreme Court · 1941
  5. In re Art Metal Construction Co.Appellate Division of the Supreme Court of the State of New York · 1940

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