Waslee v. W. D. Carpenter Co.

Appellate Division of the Supreme Court of New York

Waslee v. W. D. Carpenter Co.

255 A.D. 827, 7 N.Y.S.2d 5, 1938 N.Y. App. Div. LEXIS 5451

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

DecidedOctober 7, 1938

StatusPublished

Cited by3 cases

This text of 255 A.D. 827 (Waslee v. W. D. Carpenter Co.) 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.

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Waslee v. W. D. Carpenter Co., 255 A.D. 827, 7 N.Y.S.2d 5, 1938 N.Y. App. Div. LEXIS 5451 (N.Y. Ct. App. 1938).

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Opinion

Order reversed on the facts as matter of discretion, without costs, without prejudice to a motion for an examination of the defendant before trial, with the production of books and papers in aid of the examination. Memorandum: Compliance with the order appealed from may and probably will result in a roving examination of a great mass of defendant’s private accounts. This should be avoided, if possible, and we are of the opinion that the plaintiff’s rights wall be sufficiently assured and his purpose satisfied under the usual order for examination before trial pursuant to sections 288, 289 and 296 of the Civil Practice Act. All concur, except Dowling, J., who dissents and votes for affirmance. (The order grants plaintiff’s motion for inspection of records of defendant in an action to recover salary and commissions due under a contract.) * Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Order reversed on the facts as matter of discretion, without costs, without prejudice to a motion for an examination of the defendant before trial, with the production of books and papers in aid of the examination. Memorandum: Compliance with the order appealed from may and probably will result in a roving examination of a great mass of defendant’s private accounts. This should be avoided, if possible, and we are of the opinion that the plaintiff’s rights wall be sufficiently assured and his purpose satisfied under the usual order for examination before trial pursuant to sections 288, 289 and 296 of the Civil Practice Act. All concur, except Dowling, J., who dissents and votes for affirmance. (The order grants plaintiff’s motion for inspection of records of defendant in an action to recover salary and commissions due under a contract.) * Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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255 A.D. 827, 7 N.Y.S.2d 5, 1938 N.Y. App. Div. LEXIS 5451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waslee-v-w-d-carpenter-co-nyappdiv-1938.

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