Lazarus v. Rosen Bros. Neckwear Corp.

Motions numbered 19 and 21 have been consolidated. The plaintiff’s notice of examination called for the production of the books, records and papers referred to therein. The defendant failed and refused to produce certain of them. The records in controversy were relevant and germane to the subject of the examination in the light of the written contract between the parties. That the plaintiff did not serve a subpoena with his notice of examination does not excuse the defendant. The amendment to section 296 of the Civil Practice Act which was effected by chapter 497 of the Laws of 1955, on the…