Schenley Industries, Inc. v. Allen

25 A.D.2d 742, 269 N.Y.S.2d 276, 1966 N.Y. App. Div. LEXIS 4420
Appellate Division of the Supreme Court of the State of New York·Decided April 28, 1966·Published·Cited by 8 cases

Opinion

Order entered February 24, 1966, granting examination of respondents in order to frame a complaint, unanimously reversed, [743] on the law and on the facts, with $30 costs and disbursements to respondents-appellants, the motion denied and the application dismissed. In order to obtain an examination to frame a complaint, plaintiff; should present facts fairly-indicating a cause of action against the adverse party. (Cotler v. Retail Credit Co., 18 A D 2d 898.) There is no such showing here.

Concur — -Rabin, J. P., McNally, Stevens and Eager, JJ.

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Schenley Industries, Inc. v. Allen, 25 A.D.2d 742, 269 N.Y.S.2d 276, 1966 N.Y. App. Div. LEXIS 4420 (N.Y. Ct. App. 1966).

25 A.D.2d 742 (Schenley Industries, Inc. v. Allen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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