Appellate Division of the Supreme Court of New York, 1966

Schenley Industries, Inc. v. Allen

Appellate Division of the Supreme Court of New York · Decided April 28, 1966 · Eager, McNally, Rabin, Stevens

25 A.D.2d 742; 269 N.Y.S.2d 276; 1966 N.Y. App. Div. LEXIS 4420

Opinion of the Court

Order entered February 24, 1966, granting examination of respondents in order to frame a complaint, unanimously reversed, *743on the law and on the facts, with $30 costs and disbursements to respondents-appellants, the motion denied and the application dismissed. In order to obtain an examination to frame a complaint, plaintiff; should present facts fairly-indicating a cause of action against the adverse party. (Cotler v. Retail Credit Co., 18 A D 2d 898.) There is no such showing here.

Concur — -Rabin, J. P., McNally, Stevens and Eager, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.