Appellate Division of the Supreme Court of New York, 1934

Rubin Bros. Footwear, Inc. v. J. Greenebaum Tanning Co.

Rubin Bros. Footwear, Inc. v. J. Greenebaum Tanning Co.
Appellate Division of the Supreme Court of New York · Decided January 15, 1934
241 A.D. 609
Rubin Bros. Footwear, Inc. v. J. Greenebaum Tanning Co.

Opinion of the Court

Order reversed on the law and the facts, without costs, and motion granted, without costs, to the extent of allowing the examination before trial as to items 3,4, 5, 6, 7 and 8, the examination concerning items 3 and 7 being limited to the question of shipping instructions alleged by defendant in its affirmative defenses to be a condition precedent to the contract. The use of the books and records is to be limited to the items upon which the examination is permitted. The examination to the extent granted herein is to proceed at a time and place to be stated in the order. Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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