Norfolk Ins. Co. v. Blair Holdings Corp.

1 Citing case

  1. Weistrop v. Necchi Sewing Mach. Corp.

    2 Misc. 2d 312 (N.Y. Misc. 1955)   Cited 10 times

    In the instant case plaintiff does not show that an examination before trial would not satisfy his requirements in preparation for trial. In Norfolk Ins. Co. v. Blair Holdings Corp. ( 2 Misc.2d 333, 336) Mr. Justice EDER said: "The proper procedure, in the absence of special circumstances, is, however, to withhold such remedy of a general inspection unless it appears necessary in view of the inadequacy of an examination before trial with only the limited inspection permissible under section 296 of the Civil Practice Act. Accordingly, a discovery and inspection will be denied where an examination before trial will produce the same result ( Waslee v. Carpenter Co., 255 App. Div. 827).