Opinion
December 18, 1959
Appeal from the District Court of the County of Nassau, KATHLEEN M. KANE, J.
Doran Goerlich ( Harold L. Goerlich of counsel), for appellant.
Gelfand Shedler ( Burton W. Stone of counsel), for respondents.
The Nassau County District Court is a court not of record (Judiciary Law, § 2) and therefore did not have power to order a discovery and inspection pursuant to the provisions of section 324 of the Civil Practice Act; and such power is not specifically conferred on it by any provision of the Nassau County District Court Act.
The order should be unanimously reversed upon the law, with $10 costs to defendant and motion denied. The court was without power to make the order appealed from.
Concur — PETTE, DI GIOVANNA and BROWN, JJ.
Order reversed, etc.