Appellate Division of the Supreme Court of New York, 1952

Lipman v. New York Herald Tribune, Inc.

Lipman v. New York Herald Tribune, Inc.
Appellate Division of the Supreme Court of New York · Decided October 6, 1952
280 A.D. 936; 115 N.Y.S.2d 678; 1952 N.Y. App. Div. LEXIS 4287
Lipman v. New York Herald Tribune, Inc.

Opinion of the Court

In an action for breach of contract, order denying defendant’s motion to vacate a notice of examination before trial of defendant’s president reversed, with $10 costs and disbursements, and motion granted, without costs. The notice was served while an examination, pursuant to a prior order, was still in progress. The examination of defendant’s president would not be productive, as the record shows that defendant’s treasurer, who has been examined under the prior order, has possession of all its contracts. Carswell, Johnston, MacCrate and Schmidt, JJ., concur; Nolan, P. J., dissents and votes to affirm.

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