Dimino v. Malone

Appellate Division of the Supreme Court of New York

Dimino v. Malone

33 A.D.2d 976, 308 N.Y.S.2d 331, 1970 N.Y. App. Div. LEXIS 5733

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

DecidedJanuary 15, 1970

StatusPublished

This text of 33 A.D.2d 976 (Dimino v. Malone) 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

Dimino v. Malone, 33 A.D.2d 976, 308 N.Y.S.2d 331, 1970 N.Y. App. Div. LEXIS 5733 (N.Y. Ct. App. 1970).

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Opinion

—Order unanimously reversed, with costs, and motion granted to the extent specified in the following memorandum: Plaintiffs’ motion is granted to the extent of striking Items 4, 5, 7 and 9 from defendant’s notice to produce. If it develops upon examination of the plaintiffs that other records are required, defendant may then move for their production upon showing the relevancy and materiality of the records then requested. (Appeal from order of Monroe Special Term denying motion for protective order.) Present — Goldman, P. J., Gabrielli, Moule, Bastow and Henry, JJ.

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—Order unanimously reversed, with costs, and motion granted to the extent specified in the following memorandum: Plaintiffs’ motion is granted to the extent of striking Items 4, 5, 7 and 9 from defendant’s notice to produce. If it develops upon examination of the plaintiffs that other records are required, defendant may then move for their production upon showing the relevancy and materiality of the records then requested. (Appeal from order of Monroe Special Term denying motion for protective order.) Present — Goldman, P. J., Gabrielli, Moule, Bastow and Henry, JJ.

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Bluebook (online)

33 A.D.2d 976, 308 N.Y.S.2d 331, 1970 N.Y. App. Div. LEXIS 5733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dimino-v-malone-nyappdiv-1970.