Appellate Division of the Supreme Court of New York, 1953

Thomas v. Getlan

Thomas v. Getlan
Appellate Division of the Supreme Court of New York · Decided October 13, 1953
282 A.D. 884; 124 N.Y.S.2d 577; 1953 N.Y. App. Div. LEXIS 5326
Thomas v. Getlan

Opinion of the Court

In an action to enjoin picketing, two defendants appeal from an order granting their examination before trial, and directing discovery and inspection. Order modified by striking the words and ‘ Fifteenth ’ ” from the second ordering paragraph. As so modified, the order is affirmed, without costs; examination to proceed on five days’ notice. The allegations of paragraph “ Fifteenth ” of the complaint are eonclusory and, therefore, not a proper subject of examination. Nolan, P. J., Adel, MacCrate, Schmidt and Beldock, JJ., concur.

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