Scher v. Pollack

Section 327 of the Civil Practice Act provides in substance, that, where a party to an action voluntarily (see Schmoll Fils Associated v. Baltic America Line, 231 App. Div. 231) makes reference in his pleadings or affidavits to a document, any other party to the action may serve notice to produce such document for inspection and copy. The prescribed penalty imposed by the statute upon a party not complying with the notice is that he shall not thereafter “ be at liberty to put any such document in evidence on his behalf in such cause or matter, unless he shall satisfy the court * * * *857that he…