Frankel v. Rochester Iron & Metal Co.

Appellate Division of the Supreme Court of New York

Frankel v. Rochester Iron & Metal Co.

16 A.D.2d 864

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

DecidedMay 10, 1962

StatusPublished

This text of 16 A.D.2d 864 (Frankel v. Rochester Iron & Metal Co.) 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.

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Frankel v. Rochester Iron & Metal Co., 16 A.D.2d 864 (N.Y. Ct. App. 1962).

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Opinion

Order modified by deleting therefrom the paragraph numbered 2 and as so modified unanimously affirmed, without costs of this appeal to any party, and without prejudice to the right of the plaintiffs to renew the motion insofar as it extends to personal books, records and documents of the individual defendants within 60 days after completion of the discovery of the corporate records and upon a showing of necessity and propriety. Memorandum: We see no need for a discovery of the personal records of the individual defendants at this time. The discovery of the corporate books may make such personal discovery unnecessary. That, however, may be determined later. (Appeal by defendants from order of Monroe Special Term granting plaintiffs’ motion for a discovery and inspection.) Present — Williams, P. J., Halpern, McClosky and Henry, JJ.

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Order modified by deleting therefrom the paragraph numbered 2 and as so modified unanimously affirmed, without costs of this appeal to any party, and without prejudice to the right of the plaintiffs to renew the motion insofar as it extends to personal books, records and documents of the individual defendants within 60 days after completion of the discovery of the corporate records and upon a showing of necessity and propriety. Memorandum: We see no need for a discovery of the personal records of the individual defendants at this time. The discovery of the corporate books may make such personal discovery unnecessary. That, however, may be determined later. (Appeal by defendants from order of Monroe Special Term granting plaintiffs’ motion for a discovery and inspection.) Present — Williams, P. J., Halpern, McClosky and Henry, JJ.

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Bluebook (online)

16 A.D.2d 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frankel-v-rochester-iron-metal-co-nyappdiv-1962.