Appellate Division of the Supreme Court of New York, 1952

Star Pictures, Inc. v. Republic Pictures Corp.

Star Pictures, Inc. v. Republic Pictures Corp.
Appellate Division of the Supreme Court of New York · Decided June 3, 1952
280 A.D. 761; 113 N.Y.S.2d 642; 1952 N.Y. App. Div. LEXIS 3611
Star Pictures, Inc. v. Republic Pictures Corp.

Opinion of the Court

Order, so far as appealed from, unanimously modified on the appeal by defendant by striking items 11, 12 and 13 and, as so modified, affirmed, with $20 costs and disbursements to defendant-appellant. The conclusory allegations of the complaint as to these items do not justify the exploratory examination sought. The date for the examination to proceed shall be fixed in the order. Settle order on notice. Present — Peek, P. J., Dore, Cohn and Callahan, JJ.

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