Echel Gasoline v. N.Y. City Dept. of Consumer

Full title: ECHEL GASOLINE CORP., Respondent, v. NEW YORK CITY DEPARTMENT OF CONSUMER…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 4, 1985

108 A.D.2d 717 (N.Y. App. Div. 1985)

Opinion

February 4, 1985

Appeal from the Supreme Court, Kings County (Rader, J.).

Order reversed, insofar as appealed from, on the law, with costs, and application dismissed.

Petitioner has no proprietary interest in the subpoenaed documents and, therefore, does not have standing to challenge a subpoena served on a third party ( see, 38-14 Realty Corp. v New York City Dept. of Consumer Affairs, 103 A.D.2d 804). Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.