Marx v. Jones-McKee, Inc.

Full title: SAMUEL C. MARX, Respondent, v. JONES-McKEE, INC., and Others, Appellants

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

Date published: Jun 1, 1930

229 App. Div. 866 (N.Y. App. Div. 1930)

Opinion

June, 1930.

Present — Finch, Merrell, McAvoy, Martin and Sherman, JJ.

To sustain the order appealed from would be to require defendants to account in advance of trial and before plaintiff has established his right to that relief. ( Baum v. Lamborn, 203 App. Div. 86.) Order modified by denying the motion as to items 2, 3, 4, 7, 8 and 9 in plaintiff's notice of motion, and as so modified affirmed, without costs.