Snediker Transportation Corp. v. Piel Bros.

Appellate Division of the Supreme Court of New York

Snediker Transportation Corp. v. Piel Bros.

256 A.D. 1080, 11 N.Y.S.2d 50, 1939 N.Y. App. Div. LEXIS 6209

Appellate Division of the Supreme Court of the State of New York·Decided April 3, 1939·Published

Opinion

Order vacating plaintiff’s notice of examination before trial reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs; examination to proceed on five days’ notice. The matters as to which the plaintiff seeks to examine are pertinent to its alleged causes of action. The discovery and inspection of the records of the defendant may be availed of as incidental to the examination, but it does not constitute a substitution for an examination before trial. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

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Order vacating plaintiff’s notice of examination before trial reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs; examination to proceed on five days’ notice. The matters as to which the plaintiff seeks to examine are pertinent to its alleged causes of action. The discovery and inspection of the records of the defendant may be availed of as incidental to the examination, but it does not constitute a substitution for an examination before trial. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

Snediker Transportation Corp. v. Piel Bros., 256 A.D. 1080, 11 N.Y.S.2d 50, 1939 N.Y. App. Div. LEXIS 6209 (N.Y. Ct. App. 1939).

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