Opinion
November 27, 1961
In an action to set aside certain conveyances of real property on the ground that they were fraudulent as to creditors, the defendant Elizabeth Smith appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County, dated September 25, 1961: (a) as denied her motion to vacate or modify a notice, pursuant to section 296 of the Civil Practice Act, to produce certain books and records upon her examination before trial by the plaintiff; and (b) as directed her (the said defendant) to produce the books and records upon such examination. Order modified: (1) by deleting the first and third decretal paragraphs which deny said motion and direct said defendant to produce the books and records; and (2) by substituting therefor provisions directing defendant Elizabeth Smith to produce upon her examination before trial, the following: (a) the books, records and documents constituting her records and the records of decedent Jack Smith, covering the period from December 24, 1947 through August 27, 1956; and (b) the cancelled checks, receipts and records, if any, showing payments to plaintiff during the period from August 27, 1956 until the date of the decedent's death. As so modified, the order is affirmed, without costs. The examination shall proceed on 20 days' written notice or on any date mutually fixed by the parties. In our opinion, the books, records and documents directed to be produced, other than those hereinbefore mentioned, are neither material nor relevant to the proposed examination of the said defendant. Nolan, P.J., Beldock, Christ, Pette and Brennan, JJ., concur.