Cellu-Fibre Can Corp. v. Dairymen's League Cooperative Ass'n

Appellate Division of the Supreme Court of New York

Cellu-Fibre Can Corp. v. Dairymen's League Cooperative Ass'n

282 A.D. 1073, 127 N.Y.S.2d 818, 1953 N.Y. App. Div. LEXIS 5855

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

DecidedDecember 30, 1953

StatusPublished

This text of 282 A.D. 1073 (Cellu-Fibre Can Corp. v. Dairymen's League Cooperative Ass'n) 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

Cellu-Fibre Can Corp. v. Dairymen's League Cooperative Ass'n, 282 A.D. 1073, 127 N.Y.S.2d 818, 1953 N.Y. App. Div. LEXIS 5855 (N.Y. Ct. App. 1953).

Pincite

Opinion

Defendant appeals from resettled order granting plaintiff’s motion to examine defendant before trial. Order modified by striking items 1 and 2 from the ordering paragraph and, as so modified, affirmed, without costs. The allegations that plaintiff prepared and delivered samples and that defendant cancelled the order, contained in the complaint, have been admitted in the answer. Accordingly, examination as to those matters may not be said to be material and necessary in the prosecution of the action by plaintiff. However, tender of performance by plaintiff has been denied, and therefore examination as to such issue was properly granted. The examination may proceed upon notice of not less than five days. Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ., concur.

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Defendant appeals from resettled order granting plaintiff’s motion to examine defendant before trial. Order modified by striking items 1 and 2 from the ordering paragraph and, as so modified, affirmed, without costs. The allegations that plaintiff prepared and delivered samples and that defendant cancelled the order, contained in the complaint, have been admitted in the answer. Accordingly, examination as to those matters may not be said to be material and necessary in the prosecution of the action by plaintiff. However, tender of performance by plaintiff has been denied, and therefore examination as to such issue was properly granted. The examination may proceed upon notice of not less than five days. Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

282 A.D. 1073, 127 N.Y.S.2d 818, 1953 N.Y. App. Div. LEXIS 5855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cellu-fibre-can-corp-v-dairymens-league-cooperative-assn-nyappdiv-1953.