Ace Tackless Corp. v. American Tackless Corp.
This text of 3 A.D.2d 672 (Ace Tackless Corp. v. American Tackless Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appeal from an order granting a motion to vacate appellants’ notice to examine respondent before trial. Order reversed, with $10 costs and disbursements, and motion denied; the examination to proceed on five days’ notice. Appellants are entitled to examine respondent to establish their affirmative defense that the contract sued upon is illegal (Borger v. Buegg, 272 App. Div. 917; Schatzlcin v. State Laundry Co., 63 N. Y. S. 2d 446). Wenzel, Acting P. J,, Beldoek, Murphy, TTahetta and Kleinfeld, JJ., corieur,
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Cite This Page — Counsel Stack
3 A.D.2d 672, 158 N.Y.S.2d 635, 1957 N.Y. App. Div. LEXIS 6674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ace-tackless-corp-v-american-tackless-corp-nyappdiv-1957.