Bay Ridge Mortgage Co. v. Lincoln Metal Products Corp.

Appellate Division of the Supreme Court of New York

Bay Ridge Mortgage Co. v. Lincoln Metal Products Corp.

33 A.D.2d 1028, 308 N.Y.S.2d 71, 1970 N.Y. App. Div. LEXIS 5574

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 9, 1970

StatusPublished

This text of 33 A.D.2d 1028 (Bay Ridge Mortgage Co. v. Lincoln Metal Products 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.

Bluebook

Bay Ridge Mortgage Co. v. Lincoln Metal Products Corp., 33 A.D.2d 1028, 308 N.Y.S.2d 71, 1970 N.Y. App. Div. LEXIS 5574 (N.Y. Ct. App. 1970).

Pincite

Opinion

In an action inter alia to recover commissions upon a proposed sale of a business, defendant appeals from an order of the Supreme Court, Kings County, dated May 22, 1969, which denied its motion for a protective order against inspection of a certain agreement pursuant to which the capital stock of defendant was sold to a purchaser other than the one procured by plaintiffs. Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted. Under the circumstances of this case we are of the opinion that the document and information sought to be discovered are not material and necessary within the scope of CPLR 3101 (M B Steel Corp. v. United Steel Warehouse Corp., 23 A D 2d 579; cf. M B Steel Corp. v. United Steel Warehouse Corp., 23 N Y 2d 838). Christ, Martuseello and Kleinfeld, JJ., concur; Beldock, P. J. and Munder, J., dissent and vote to affirm the order.

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In an action inter alia to recover commissions upon a proposed sale of a business, defendant appeals from an order of the Supreme Court, Kings County, dated May 22, 1969, which denied its motion for a protective order against inspection of a certain agreement pursuant to which the capital stock of defendant was sold to a purchaser other than the one procured by plaintiffs. Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted. Under the circumstances of this case we are of the opinion that the document and information sought to be discovered are not material and necessary within the scope of CPLR 3101 (M B Steel Corp. v. United Steel Warehouse Corp., 23 A D 2d 579; cf. M B Steel Corp. v. United Steel Warehouse Corp., 23 N Y 2d 838). Christ, Martuseello and Kleinfeld, JJ., concur; Beldock, P. J. and Munder, J., dissent and vote to affirm the order.

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Bluebook (online)

33 A.D.2d 1028, 308 N.Y.S.2d 71, 1970 N.Y. App. Div. LEXIS 5574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bay-ridge-mortgage-co-v-lincoln-metal-products-corp-nyappdiv-1970.