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Niagara Midland Co., Inc. v. Mercury Record

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 18, 1957
3 A.D.2d 694 (N.Y. App. Div. 1957)

Opinion

January 18, 1957

Appeal from the Erie Special Term.

Present — McCurn, P.J., Vaughan, Kimball, Williams and Bastow, JJ.


Order modified so as to provide "without prejudice to defendant's application for an examination and limited inspection pursuant to section 296 of the Civil Practice Act if so advised" and as so modified affirmed, without costs of this appeal to any party. Memorandum: Under the circumstances present here the discretion of the Special Term should not be disturbed. The defendant may obtain the information desired by proceeding under section 296 of the Civil Practice Act in connection with an examination before trial if it so desires. All concur.


Summaries of

Niagara Midland Co., Inc. v. Mercury Record

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 18, 1957
3 A.D.2d 694 (N.Y. App. Div. 1957)
Case details for

Niagara Midland Co., Inc. v. Mercury Record

Case Details

Full title:NIAGARA MIDLAND COMPANY, INCORPORATED, Respondent, v. MERCURY RECORD…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 18, 1957

Citations

3 A.D.2d 694 (N.Y. App. Div. 1957)