Schmoll Fils Associated, Inc. v. Baltic America Line, Inc.

This is an appeal, by permission of the Appellate Term, from a determination in that court affirming an order of the Special Term of the City Court, New York county, which denied the motion of defendant to vacate a notice to produce certain documents for inspection, pursuant to section 327 of the Civil Practice Act.

The order appealed from must be reversed and the motion to vacate granted.

The plaintiff brought an action to recover for loss and damage suffered to a transatlantic shipment intrusted to the defendant herein, from New York to Riga.

The plaintiff seeks the information because the…