Gompers v. Weil

Appellate Division of the Supreme Court of New York

Gompers v. Weil

5 A.D.2d 861, 171 N.Y.S.2d 277, 1958 N.Y. App. Div. LEXIS 6599

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

DecidedMarch 18, 1958

StatusPublished

This text of 5 A.D.2d 861 (Gompers v. Weil) 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

Gompers v. Weil, 5 A.D.2d 861, 171 N.Y.S.2d 277, 1958 N.Y. App. Div. LEXIS 6599 (N.Y. Ct. App. 1958).

Pincite

Opinion

Defendant appeals from an order denying her motion to vacate, or, in the alternative, to modify the notice of examination before trial of the defendant, dated December 4, 1957. The notice of examination contains 28 items, many with subdivisions, and requires the production of voluminous books and records. The examination was not limited by Special Term which recognized, as we do, that many of the matters sought to be examined upon relate to the accounting but, nevertheless, are relevant on the issue of what was the arrangement between the parties. We recognize, as did Special Term, the difficulty in attempting to select the proper items at this time. We feel, however, in the circumstances, that some of the items allowed are too general in nature and cover matters that are either irrelevant or unnecessary. In the exercise of discretion, the order is modified by granting the motion to strike all items except items 3, 4, 7(a), 7(b), 12, 13, 14, 19, 20, 21, 25, 26 and 28, and requiring the defendant to produce at the examination all relevant books and records for use in accordance with section 296 of the Civil Practice Act, and otherwise affirmed, without costs. Settle order.

Concur — Rabin, J. P., Frank, Valente, McNally and Stevens, JJ.

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Defendant appeals from an order denying her motion to vacate, or, in the alternative, to modify the notice of examination before trial of the defendant, dated December 4, 1957. The notice of examination contains 28 items, many with subdivisions, and requires the production of voluminous books and records. The examination was not limited by Special Term which recognized, as we do, that many of the matters sought to be examined upon relate to the accounting but, nevertheless, are relevant on the issue of what was the arrangement between the parties. We recognize, as did Special Term, the difficulty in attempting to select the proper items at this time. We feel, however, in the circumstances, that some of the items allowed are too general in nature and cover matters that are either irrelevant or unnecessary. In the exercise of discretion, the order is modified by granting the motion to strike all items except items 3, 4, 7(a), 7(b), 12, 13, 14, 19, 20, 21, 25, 26 and 28, and requiring the defendant to produce at the examination all relevant books and records for use in accordance with section 296 of the Civil Practice Act, and otherwise affirmed, without costs. Settle order.

Concur — Rabin, J. P., Frank, Valente, McNally and Stevens, JJ.

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Bluebook (online)

5 A.D.2d 861, 171 N.Y.S.2d 277, 1958 N.Y. App. Div. LEXIS 6599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gompers-v-weil-nyappdiv-1958.