Farber v. J. Chein & Co.

This action was brought to recover royalties allegedly due under a claimed written agreement dated September 15,1936, referred to in the complaint. In pursuance *159of section 327 of the Civil Practice Act, defendant served notice upon plaintiff to produce the original agreement for defendant’s inspection. Plaintiff did not move with respect to the notice. (See Scher v. Pollack, 10 Misc 2d 856.) Nor did he comply with it. Defendant moved to preclude. By order of November 7,1956, Mr. Justice Lynch precluded plaintiff from proving the alleged agreement or from offering any evidence of the contents…