Breswick & Co. v. Greater New York Industries, Inc.

New York Court of Appeals

Breswick & Co. v. Greater New York Industries, Inc.

127 N.E.2d 871, 308 N.Y. 1041, 1955 N.Y. LEXIS 1264

CourtNew York Court of Appeals

DecidedJune 10, 1955

StatusPublished

Cited by10 cases

This text of 127 N.E.2d 871 (Breswick & Co. v. Greater New York Industries, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Breswick & Co. v. Greater New York Industries, Inc., 127 N.E.2d 871, 308 N.Y. 1041, 1955 N.Y. LEXIS 1264 (N.Y. 1955).

Pincite

Opinion

Per Curiam.

Upon this record, triable issues of fact are raised as to the good faith of petitioner and as to its purpose in seeking the inspection, which should be determined before a final order issues (Civ. Prac. Act, § 1295; Matter of Schulman v. Dejonge & Co., 270 App. Div. 147; Matter of Tate v. Sonotone Corp., 272 App. Div. 103).

Accordingly, the order of the Appellate Division should be reversed and the matter remitted to Special Term for a trial of the aforesaid issues, in accordance with the provisions of section 1295 of the Civil Practice Act, with costs to abide the event.

Conway, Ch. J., Desmond, Dye, Fuld, Frobssel, Van Voorhis and Burke, JJ., concur.

Order reversed, etc.

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