Dimino v. Malone

Full title: FRANK DIMINO et al., Appellants, v. SAMUEL P. MALONE, Respondent

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

Date published: Jan 15, 1970

33 A.D.2d 976 (N.Y. App. Div. 1970)

Opinion

January 15, 1970

Appeal from the Monroe Special Term.

Present — Goldman, P.J., Gabrielli, Moule, Bastow and Henry, JJ.

Order unanimously reversed, with costs, and motion granted to the extent specified in the following memorandum: Plaintiffs' motion is granted to the extent of striking Items 4, 5, 7 and 9 from defendant's notice to produce. If it develops upon examination of the plaintiffs that other records are required, defendant may then move for their production upon showing the relevancy and materiality of the records then requested.