Weiss v. Lynn

Appellate Division of the Supreme Court of New York

Weiss v. Lynn

14 A.D.2d 889, 221 N.Y.S.2d 258, 1961 N.Y. App. Div. LEXIS 8149

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

DecidedNovember 6, 1961

StatusPublished

This text of 14 A.D.2d 889 (Weiss v. Lynn) 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

Weiss v. Lynn, 14 A.D.2d 889, 221 N.Y.S.2d 258, 1961 N.Y. App. Div. LEXIS 8149 (N.Y. Ct. App. 1961).

Pincite

Opinion

[890]*890In view of the provision in such order substituting for the two excised items, one item directing the production of “ All pertinent books, records and documents of the plaintiff ” for use pursuant to section 296 of the Civil Practice Act, defendant is not aggrieved by the order. Upon the examination, if it should appear that any of the books, papers and records specified in the items excised from the notice, is relevant and material to the issues, its production may be compelled under the notice as modified by the order. The examinations under both notices of examination shall proceed on five days’ notice or on any other date or dates mutually fixed by the parties. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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[890]*890In view of the provision in such order substituting for the two excised items, one item directing the production of “ All pertinent books, records and documents of the plaintiff ” for use pursuant to section 296 of the Civil Practice Act, defendant is not aggrieved by the order. Upon the examination, if it should appear that any of the books, papers and records specified in the items excised from the notice, is relevant and material to the issues, its production may be compelled under the notice as modified by the order. The examinations under both notices of examination shall proceed on five days’ notice or on any other date or dates mutually fixed by the parties. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

14 A.D.2d 889, 221 N.Y.S.2d 258, 1961 N.Y. App. Div. LEXIS 8149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-lynn-nyappdiv-1961.