Peck Coal Corp. v. Fowler
This text of 230 A.D. 713 (Peck Coal Corp. v. Fowler) 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.
Opinion
Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, examination to proceed on five days’ notice at the place and hour stated in the notice of examination. The items with respect to which an examination of defendant is sought relate to matters as to which the plaintiff has the affirmative and the plaintiff was, under the circumstances, entitled to the examination. The fact that the plaintiff has knowledge of matters sought to be elicited by the examination is no reason for denying it. (McGrath v. Blumenthal, 220 App. Div. 781.) Lazansky, P. J., Rich, Young, Hagarty and Carswell, JJ., concur.
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230 A.D. 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-coal-corp-v-fowler-nyappdiv-1930.