In re the Estate of Ryder

Appellate Division of the Supreme Court of New York

In re the Estate of Ryder

275 A.D.2d 994

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

DecidedJune 24, 1949

StatusPublished

This text of 275 A.D.2d 994 (In re the Estate of Ryder) 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

In re the Estate of Ryder, 275 A.D.2d 994 (N.Y. Ct. App. 1949).

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Opinion

Memorandum: We find that the affirmative defenses set up by appellants are not so patently insufficient as to preclude an examination before trial based thereon, particularly where, as here, their sufficiency has not been challenged. However, such examination must be confined to material and necessary matters. (Civ. Prac. Act, § 288.) The scope of the examination with regard to the production of books, papers, and records should be extended to include Nos. 4, 9, and 14, and No. 26, amended to read as follows: “ Records of all dividends paid on the preferred stock of said Company and any records of stock issued in lieu of dividends.” All concur. (The portion of the order appealed from denies in part a motion for an examination before trial.) Present — Taylor, P. J., MeCurn, Vaughan, Kimball and Piper, JJ.

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Memorandum: We find that the affirmative defenses set up by appellants are not so patently insufficient as to preclude an examination before trial based thereon, particularly where, as here, their sufficiency has not been challenged. However, such examination must be confined to material and necessary matters. (Civ. Prac. Act, § 288.) The scope of the examination with regard to the production of books, papers, and records should be extended to include Nos. 4, 9, and 14, and No. 26, amended to read as follows: “ Records of all dividends paid on the preferred stock of said Company and any records of stock issued in lieu of dividends.” All concur. (The portion of the order appealed from denies in part a motion for an examination before trial.) Present — Taylor, P. J., MeCurn, Vaughan, Kimball and Piper, JJ.

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Bluebook (online)

275 A.D.2d 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-ryder-nyappdiv-1949.