Niagara Midland Co. v. Mercury Record Corp.

Appellate Division of the Supreme Court of New York

Niagara Midland Co. v. Mercury Record Corp.

3 A.D.2d 694, 158 N.Y.S.2d 967, 1957 N.Y. App. Div. LEXIS 6688

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

DecidedJanuary 18, 1957

StatusPublished

This text of 3 A.D.2d 694 (Niagara Midland Co. v. Mercury Record Corp.) 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

Niagara Midland Co. v. Mercury Record Corp., 3 A.D.2d 694, 158 N.Y.S.2d 967, 1957 N.Y. App. Div. LEXIS 6688 (N.Y. Ct. App. 1957).

Pincite

Opinion

Order modified so as to provide “ without prejudice to defendant’s application for an examination and limited inspection pursuant to section 296 of the Civil Practice Act if so advised” and as so modified affirmed, without costs of this appeal to any party. Memorandum: Under the circumstances present here the discretion of the Special Term should not be disturbed. The defendant may obtain the information desired by proceeding under section 296 of the Civil Practice Act in connection with an examination before trial if it so desires. All concur. (Appeal from an order of Erie Special Term denying a motion by defendant Mercury Record Corporation to compel plaintiff to produce and permit defendants to examine various records and books.) Present — McCurn, P. J., Vaughan, Kimball, Williams and Bastow, JJ.

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Order modified so as to provide “ without prejudice to defendant’s application for an examination and limited inspection pursuant to section 296 of the Civil Practice Act if so advised” and as so modified affirmed, without costs of this appeal to any party. Memorandum: Under the circumstances present here the discretion of the Special Term should not be disturbed. The defendant may obtain the information desired by proceeding under section 296 of the Civil Practice Act in connection with an examination before trial if it so desires. All concur. (Appeal from an order of Erie Special Term denying a motion by defendant Mercury Record Corporation to compel plaintiff to produce and permit defendants to examine various records and books.) Present — McCurn, P. J., Vaughan, Kimball, Williams and Bastow, JJ.

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Bluebook (online)

3 A.D.2d 694, 158 N.Y.S.2d 967, 1957 N.Y. App. Div. LEXIS 6688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niagara-midland-co-v-mercury-record-corp-nyappdiv-1957.