Kahn v. Consolidated Products Co.

Appellate Division of the Supreme Court of New York

Kahn v. Consolidated Products Co.

13 A.D.2d 474, 212 N.Y.S.2d 478, 1961 N.Y. App. Div. LEXIS 12069

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

DecidedMarch 16, 1961

StatusPublished

This text of 13 A.D.2d 474 (Kahn v. Consolidated Products 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.

Bluebook

Kahn v. Consolidated Products Co., 13 A.D.2d 474, 212 N.Y.S.2d 478, 1961 N.Y. App. Div. LEXIS 12069 (N.Y. Ct. App. 1961).

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Opinion

Order entered on January 9-, 1961 directing further examination before trial of appellants, production of books and records for use upon the examination, and general discovery and inspection of appellants’ books and records pursuant to section 324 of the Civil Practice Act unanimously modified upon the law and the facts and in the exercise of discretion to delete therefrom the third, fourth, fifth, sixth and seventh ordering paragraphs, and the order is otherwise affirmed, with $20 costs and disbursements to appellants. Respondent’s affidavits in support of his motion fail to establish that production of appellants’ books and records upon the further examination before trial pursuant to section 296 of the Civil Practice Act will not effect adequate disclosure (Gross v. Price, 2 A D 2d 707). The multitude of records and documents enumerated in the order, although conceivably related to the four transactions in issue, have not been shown to be relevant to the merits of the controversy (Civ. Prac. Act, § 324). Concur — Breitel, J. P., Valente, McNally, Steuer and Bastow, JJ.

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Order entered on January 9-, 1961 directing further examination before trial of appellants, production of books and records for use upon the examination, and general discovery and inspection of appellants’ books and records pursuant to section 324 of the Civil Practice Act unanimously modified upon the law and the facts and in the exercise of discretion to delete therefrom the third, fourth, fifth, sixth and seventh ordering paragraphs, and the order is otherwise affirmed, with $20 costs and disbursements to appellants. Respondent’s affidavits in support of his motion fail to establish that production of appellants’ books and records upon the further examination before trial pursuant to section 296 of the Civil Practice Act will not effect adequate disclosure (Gross v. Price, 2 A D 2d 707). The multitude of records and documents enumerated in the order, although conceivably related to the four transactions in issue, have not been shown to be relevant to the merits of the controversy (Civ. Prac. Act, § 324). Concur — Breitel, J. P., Valente, McNally, Steuer and Bastow, JJ.

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Bluebook (online)

13 A.D.2d 474, 212 N.Y.S.2d 478, 1961 N.Y. App. Div. LEXIS 12069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahn-v-consolidated-products-co-nyappdiv-1961.