Home/New York Supreme Court/Fibron Products, Inc. v. Hooker Chemical Corp.

Fibron Products, Inc. v. Hooker Chemical Corp.

26 Misc. 2d 779, 206 N.Y.S.2d 659, 1960 N.Y. Misc. LEXIS 2258
CourtNew York Supreme Court
DecidedNovember 1, 1960
StatusPublished
Cited by4 cases

This text of 26 Misc. 2d 779 (Fibron Products, Inc. v. Hooker Chemical Corp.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fibron Products, Inc. v. Hooker Chemical Corp., 26 Misc. 2d 779, 206 N.Y.S.2d 659, 1960 N.Y. Misc. LEXIS 2258 (N.Y. Super. Ct. 1960).

Opinion

Matthew J. Jaseh, J.

The defendant- moves for an order to vacate the plaintiff’s notice of examination before trial on the grounds that it calls for information which the defendant is not required to divulge and further, that it is not within the purview of rule 121-a of the Rules of Civil Practice or sections 288, 289, 290 and 301 of the Civil Practice Act.

The plaintiff gave notice pursuant to the aforesaid sections to take the testimony of the defendant, its chemists and other supervisory employees having knowledge of the manufacture, composition, handling and delivery of liquid resin described in the complaint and its employees who investigated the explosion in plaintiff’s plant occurring on May 19, 1957 and those who examined into and reported upon the causes of such explosion, upon all the relevant facts and circumstances in connection with the accident, including negligence, contributory negligence and liability; that pursuant to section 296 of the Civil Practice Act, for the purpose of refreshing defendant’s employees’ recollection and for examination and inspection, and for offer and receipt in evidence, defendant’s employees are to have and produce upon the aforesaid examination all records, books, papers, documents, correspondence and copies thereof, and other writings and papers kept by defendant as relate to the matters in controversy in said action and on which defendant’s employees are to be examined under this notice.

The subjects of the proposed examination and the records to be produced are as follows:

[781]*781

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Cite This Page — Counsel Stack

Bluebook (online)
26 Misc. 2d 779, 206 N.Y.S.2d 659, 1960 N.Y. Misc. LEXIS 2258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fibron-products-inc-v-hooker-chemical-corp-nysupct-1960.