Opinion
November, 1931.
Appeal from Supreme Court, New York County.
Present — Finch, P.J., McAvoy, Martin, O'Malley and Townley, JJ.; Finch, P.J., and McAvoy, J., dissent.
Order reversed, with ten dollars costs and disbursements to the appellant, and motion denied, with ten dollars costs. No opinion.
The items set forth in the order indicate that they are pertinent to the issues to be tried. No bad faith is shown in connection with the present application. The mere fact that as the result of the discovery and inspection the defendant will be better prepared to meet the issues should not be used to defeat the relief sought. Indeed it should predispose to grant the application. The order appealed from should be affirmed. McAvoy, J., concurs.