Gridley v. Gridley

Appellate Division of the Supreme Court of New York

Gridley v. Gridley

258 A.D. 1039, 18 N.Y.S.2d 996, 1940 N.Y. App. Div. LEXIS 8755

Appellate Division of the Supreme Court of the State of New York·Decided February 9, 1940·Published

Opinion

Order unanimously reversed and motion denied, except as to item 5, which defendant has withdrawn. The phrase in question as used in the agreement is ambiguous, and, in any event, defendant is entitled to an examination on items material and necessary to establish his defense. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.

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Order unanimously reversed and motion denied, except as to item 5, which defendant has withdrawn. The phrase in question as used in the agreement is ambiguous, and, in any event, defendant is entitled to an examination on items material and necessary to establish his defense. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.

Gridley v. Gridley, 258 A.D. 1039, 18 N.Y.S.2d 996, 1940 N.Y. App. Div. LEXIS 8755 (N.Y. Ct. App. 1940).

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258 A.D. 1039 (Gridley v. Gridley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.