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ESTON v. BACKER

204 Misc. 162 (1953)

William Eston et al., Plaintiffs, v. Joseph Backer, Defendant.

Supreme Court, Special Term, Queens County.

February 17, 1953.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Henry P. Lipscomb, Jr., of counsel), for Industrial Commissioner of the State of New York.

Sidney Sugerman for defendant.

Siegelbaum, Rosenzweig & Palley for plaintiffs.

CONROY, J.

This is a motion by the Attorney-General of the State of New York to vacate and set aside a subpœna duces tecum served upon the Industrial Commissioner of the State of New York. Section 537 of the Labor Law is clearly mandatory in its language and prevents the use, in any court in any action or proceeding pending therein unless the commissioner is a party therein, of information in his possession...

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