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La Mont Corp. v. La Mont

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1938
254 App. Div. 831 (N.Y. App. Div. 1938)

Opinion

June 10, 1938.

Appeal from Supreme Court, New York County.

Present — Martin, P.J, O'Malley, Townley, Cohn and Callahan, JJ.


The appeal is from so much of the order as requires defendant to be examined before trial with respect to items 8, 9, 10, 12, 17, 18 and 21 of the notice of motion on which said order was granted and from so much of said order as requires the production by defendant of books and papers, so far as they disclose the secret patent applications of the defendant.


In the circumstances disclosed the order, in so far as appealed from, should be affirmed, upon condition, however, that the examination ordered shall be postponed until the plaintiff serves a ten-day notice therefor after decision in its favor on the separate trial of the issues raised by the defenses, if such trial be ordered. If separate trial of such issues is not ordered, however, the examination provided for herein may be had on like notice if and when the trial court resolves the issues of the defenses in favor of the plaintiff. If the issues are resolved in favor of the defendant the order in so far as appealed from should be reversed and the motion denied to the extent indicated.


Order, so far as appealed from, unanimously affirmed, with twenty dollars costs and disbursements. Settle order on notice.


Summaries of

La Mont Corp. v. La Mont

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1938
254 App. Div. 831 (N.Y. App. Div. 1938)
Case details for

La Mont Corp. v. La Mont

Case Details

Full title:LA MONT CORPORATION, Respondent, v. WALTER D. LA MONT, Appellant

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

Date published: Jun 10, 1938

Citations

254 App. Div. 831 (N.Y. App. Div. 1938)