Appellate Division of the Supreme Court of New York, 1930

Sheepshead Terminal Realty Corp. v. Bayhead Holding Corp.

Sheepshead Terminal Realty Corp. v. Bayhead Holding Corp.
Appellate Division of the Supreme Court of New York · Decided March 15, 1930
228 A.D. 823
Sheepshead Terminal Realty Corp. v. Bayhead Holding Corp.

Opinion of the Court

Order granting motion of defendant Bayhead Holding Corporation to vacate notice of examination before trial and to vacate subpoena duces tecum 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 to take testimony. The examination sought herein relates to the allegations of the complaint and the plaintiff was entitled to the examination sought as a matter of course. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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