Gilleeny v. Bing

Appellate Division of the Supreme Court of New York

Gilleeny v. Bing

254 A.D. 774, 4 N.Y.S.2d 722, 1938 N.Y. App. Div. LEXIS 7560

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

DecidedMay 27, 1938

StatusPublished

This text of 254 A.D. 774 (Gilleeny v. Bing) 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

Gilleeny v. Bing, 254 A.D. 774, 4 N.Y.S.2d 722, 1938 N.Y. App. Div. LEXIS 7560 (N.Y. Ct. App. 1938).

Pincite

Opinion

Order granting plaintiffs an inspection and discovery in an action for damages for fraud modified by striking out the next to the last ordering paragraph and substituting therefor a provision that the inspection and discovery shall be confined to units wherein the houses purchased by plaintiffs are located, and as so modified the order is affirmed, without costs, and without prejudice to plaintiffs making another application if the inspection and discovery hereby permitted prove abortive to show the cost of the acquisition of the land and the construction of the houses purchased by plaintiffs. In our opinión the order is too broad. The inspection may proceed on five days’ notice at the place and hour stated in the order. Lazansky, P. J., Davis, Johnston, Adel and Taylor, JJ., concur.

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Order granting plaintiffs an inspection and discovery in an action for damages for fraud modified by striking out the next to the last ordering paragraph and substituting therefor a provision that the inspection and discovery shall be confined to units wherein the houses purchased by plaintiffs are located, and as so modified the order is affirmed, without costs, and without prejudice to plaintiffs making another application if the inspection and discovery hereby permitted prove abortive to show the cost of the acquisition of the land and the construction of the houses purchased by plaintiffs. In our opinión the order is too broad. The inspection may proceed on five days’ notice at the place and hour stated in the order. Lazansky, P. J., Davis, Johnston, Adel and Taylor, JJ., concur.

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Bluebook (online)

254 A.D. 774, 4 N.Y.S.2d 722, 1938 N.Y. App. Div. LEXIS 7560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilleeny-v-bing-nyappdiv-1938.