Lenzner v. American Business Publications, Inc.

Appellate Division of the Supreme Court of New York

Lenzner v. American Business Publications, Inc.

238 A.D. 120, 264 N.Y.S. 419, 1933 N.Y. App. Div. LEXIS 9434

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

DecidedApril 7, 1933

StatusPublished

This text of 238 A.D. 120 (Lenzner v. American Business Publications, Inc.) 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

Lenzner v. American Business Publications, Inc., 238 A.D. 120, 264 N.Y.S. 419, 1933 N.Y. App. Div. LEXIS 9434 (N.Y. Ct. App. 1933).

Pincite

Opinion

Per Curiam.

In the application for an examination before trial the attorneys for the defendant set forth thirteen distinct items upon which an examination was demanded. The court at Special Term denied the motion with the statement that “ Such of the items as are proper can be sufficiently inquired into by a commission upon written interrogatories.”

Upon the argument on appeal twelve items were abandoned. The one remaining, item, designated as item “ 1,” requires consideration. We believe that the information sought in that item may be obtained by a commission upon written interrogatories. If such an examination when made is found to be inadequate an application may then be made for an examination before trial.

The order appealed from should be modified as indicated above and as so modified affirmed, without costs.

Present — Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.

Order modified as indicated in opinion and as so modified affirmed, without costs. Settle order on notice.

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