Opinion
Argued October 5, 1977
Decided November 10, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, OLIVER C. SUTTON, J.
Wynne B. Stern, Jr., Morris J. Fellner and Daniel Cohen for appellant.
Irving Malchman for respondent.
Order modified, with costs to respondent to the extent of excusing compliance with the subpoena for 30 days from the date hereof and, as so modified, affirmed. Question certified answered in the affirmative. (See Matter of Standard Fruit S.S. Co. v Waterfront Comm. of N.Y. Harbor, 43 N.Y.2d 11, decided herewith.)
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.