Ace Tackless Corporation v. Am. Tackless Corp.

Full title: ACE TACKLESS CORPORATION, Respondent, v. AMERICAN TACKLESS CORPORATION et…

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

Date published: Jan 21, 1957

3 A.D.2d 672 (N.Y. App. Div. 1957)

Opinion

January 21, 1957

Appeal from an order granting a motion to vacate appellants' notice to examine respondent before trial. Order reversed, with $10 costs and disbursements, and motion denied; the examination to proceed on five days' notice. Appellants are entitled to examine respondent to establish their affirmative defense that the contract sued upon is illegal ( Borger v. Ruegg, 272 App. Div. 917; Schatzkin v. State Laundry Co., 63 N.Y.S.2d 446). Wenzel, Acting P.J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.