Lightolier Inc. v. H & L Distributors, Inc.

New York Supreme Court

Lightolier Inc. v. H & L Distributors, Inc.

208 Misc. 808, 145 N.Y.S.2d 640, 1955 N.Y. Misc. LEXIS 3818

DecidedOctober 20, 1955

StatusPublished

This text of 208 Misc. 808 (Lightolier Inc. v. H & L Distributors, Inc.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lightolier Inc. v. H & L Distributors, Inc., 208 Misc. 808, 145 N.Y.S.2d 640, 1955 N.Y. Misc. LEXIS 3818 (N.Y. Super. Ct. 1955).

Pincite

Opinion

Aurelio, J.

Motion for examination of defendant before trial is granted. It does not appear that the holding of the examination in the county where the action is pending will incur hardship or inconvenience on the defendant. It is no longer indispensable that it be held in the county where the defendant resides or has an office for the regular transaction of business in person. ‘ ‘ In the absence of any showing by defendant of a balancing of conveniences, I am of the opinion that the examination should be held ‘ in the county where the action is pending ’ ” (Seidman v. Wolf, 27 N. Y. S. 2d 136; Civ. Prac. Act, § 300).

Let the examination, by an officer, proceed at Special Term, Part II hereof, on November 10, 1955, at 11:00 a.m. All books, records and papers relevant to the subject matter of the inquiry are to be produced for use pursuant to section 296 of the Civil Practice Act.

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Aurelio, J.

Motion for examination of defendant before trial is granted. It does not appear that the holding of the examination in the county where the action is pending will incur hardship or inconvenience on the defendant. It is no longer indispensable that it be held in the county where the defendant resides or has an office for the regular transaction of business in person. ‘ ‘ In the absence of any showing by defendant of a balancing of conveniences, I am of the opinion that the examination should be held ‘ in the county where the action is pending ’ ” (Seidman v. Wolf, 27 N. Y. S. 2d 136; Civ. Prac. Act, § 300).

Let the examination, by an officer, proceed at Special Term, Part II hereof, on November 10, 1955, at 11:00 a.m. All books, records and papers relevant to the subject matter of the inquiry are to be produced for use pursuant to section 296 of the Civil Practice Act.

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Bluebook (online)

208 Misc. 808, 145 N.Y.S.2d 640, 1955 N.Y. Misc. LEXIS 3818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lightolier-inc-v-h-l-distributors-inc-nysupct-1955.