Appellate Division of the Supreme Court of New York, 1936

Heller v. Pepsi-Cola Co.

Heller v. Pepsi-Cola Co.
Appellate Division of the Supreme Court of New York · Decided December 4, 1936
249 A.D. 736; 292 N.Y.S. 944; 1936 N.Y. App. Div. LEXIS 5805
Heller v. Pepsi-Cola Co.

Opinion of the Court

Order denying motion to dismiss the complaint on the ground that it sets forth a cause of action of which the court *737will not take jurisdiction, and. resettled order directing an examination of the appealing defendants before trial and the production of certain books, records and papers affirmed, with ten dollars costs and disbursements. The examination will proceed on five days’ notice. Appeal from order dated September 30, 1936, dismissed. No opinion. Lazansky, P. J., Young, Johnston, Adel and Taylor, JJ., concur. [See ante, p. 735.]

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