Appellate Division of the Supreme Court of New York, 1953

Eagle Lion Studios, Inc. v. Eagle Lion Classics, Inc.

Eagle Lion Studios, Inc. v. Eagle Lion Classics, Inc.
Appellate Division of the Supreme Court of New York · Decided November 24, 1953
282 A.D. 939; 126 N.Y.S.2d 193; 1953 N.Y. App. Div. LEXIS 5506
Eagle Lion Studios, Inc. v. Eagle Lion Classics, Inc.

Opinion of the Court

Order unanimously modified so as to deny plaintiff the right to examine under items 2(a), 2(b), 3(b), 3(d) 1-2-3, 3(f) 2, 3(k), 3(m), 3(o) *940and 4, and to limit the records to be produced to those described in items 1, 3, 5, 7 and 9. The order is further modified to provide that the examination under items 3(a), 3(c) 1-2-3, 3(e), 3(f) 1, 3(g), 3(h), 3(i), 3(j), 3(1), 3(n), 6(a), 6(b) and 7 is limited to the two motion pictures described in the complaint. The defendants are to be examined in the first instance by their vice-president or other officer familiar with the facts. The order, as so modified, is affirmed, with $20 costs and disbursements to the appellants. The date for the examination to proceed shall be fixed in order. Settle order on notieé. Present — Cohn, J. P., Breitel, Bastow, Botein and Bergan, JJ.

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