LaRossa, Axenfeld & Mitchell v. Abrams
New York Court of Appeals
POINTS OF COUNSEL I. The provision of section 343 of the General Business Law authorizing a criminal prosecution for noncompliance with a subpoena without good or reasonable cause is constitutionally valid, even if applied to a person who has commenced a motion to quash or modify.
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POINTS OF COUNSEL I. The provision of section 343 of the General Business Law authorizing a criminal prosecution for noncompliance with a subpoena without good or reasonable cause is constitutionally valid, even if applied to a person who has commenced a motion to quash or modify. CMatter of Aimcee Wholesale Corp. [Tomar Prods.], 21 NY2d 621; Columbia Gas v New York State Elec. & Gas Corp., 28 NY2d 117; People v Foster, 236 NY 610; People v D’Amato, 12 AD2d 439; People v Forsyth, 109 Mise 2d 234, 87 AD2d 571, 56 NY2d 810; People v Spiak, 11 Mise 2d 1043; People v Rehn, 10 Mise 2d 482; Dunham…
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
On this direct appeal by defendant Attorney-General, we are asked to decide whether the Attorney-General may *586commence a criminal prosecution pursuant to section 343 of the General Business Law against persons who refuse to comply with subpoenas issued under that statute while a motion to quash or modify said subpoenas is pending.
In connection with an antitrust investigation of the ready-mix concrete industry in New York City, the Attorney-General served subpoenas on plaintiffs pursuant to section 343 of the General Business Law. The subpoenas were returnable on…
2Cases cited12 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
- Reisman v. CaplinSupreme Court of the United States · 1964
- St. Regis Paper Co. v. United StatesSupreme Court of the United States · 1962
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. BowlesAppellate Division of the Supreme Court of the State of New York · 2011
- Morgenthau v. Citisource, Inc.New York Court of Appeals · 1986
- Medicon Diagnostic Laboratories, Inc. v. PeralesNew York Court of Appeals · 1989
- Palmieri v. State of New YorkCourt of Appeals for the Second Circuit · 1985
- American Dental Cooperative, Inc. v. Attorney-GeneralAppellate Division of the Supreme Court of the State of New York · 1987
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