Merriam Display Studio, Inc. v. Harlambides

This is a motion by the plaintiff, under section 324 of the Civil Practice Act, made pursuant to a show cause order, for the discovery and inspection of five amber sun shades sold by plaintiff to defendant, now in defendant’s possession.

In this action for the purchase price of the shades the defense is an alleged breach of warranty by the plaintiff that the shades would protect the merchandise in defendant’s store from fading in sunlight; and defendant has set up a counterclaim for damage to the merchandise. Plaintiff seeks this inspection for the purpose of sending the shades to a laboratory…