Ermer v. La Duca

Full title: JOSEPH P. ERMER, Appellant, v. SAMUEL J. LA DUCA, Respondent

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

Date published: Oct 31, 1958

7 A.D.2d 623 (N.Y. App. Div. 1958)

Opinion

October 31, 1958

Appeal from the Monroe County Court.

Present — McCurn, P.J., Williams, Bastow, Goldman and Halpern, JJ.

Order reversed as matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. If the parties do not agree as to the time and extent of the discovery and inspection, those matters shall be determined by the Monroe County Court. Memorandum: The denial of the motion by the County Judge was an improvident exercise of discretion. All concur.