Clark v. Flynn

The Superintendent of Banks of the State of New York applies for an order in the nature of prohibition under article 78 of the Civil Practice Act, directed to a Justice of the Supreme Court and to parties in a litigation pending in that court prohibiting the receipt in evidence upon a trial of that action, of a communication written by the Banking Department on October 19, 1954 to American Trust Company, a defendant therein. Relief in this court was sought only after the Justice of the Supreme Court, to whom the case had been assigned for trial, had indicated at a preliminary hearing — with…