Broadway Apartment Realty Co. v. Rickert Finlay Realty Co.
New York Supreme Court
Motion by the defendant Broadway Flushing Development Company, under sections- 803 to 809 of the Code of Civil Procedure, for a discovery and inspection of the minute book or books of the plaintiff corporation.
1Opinion of the Court
Gtegerich,. J.
An insuperable objection to the granting of this application for a discovery and inspection of the plaintiff’s minute book or books, and one that cannot be remedied by an amended petition or additional affidavits, is the inexcusable laches of the defendant in making the application. The defendant did not take any steps to secure an inspection of the books until after the case had been set down for trial, and then only through the medium of the examination of the plaintiff through its president and secretary before trial, which was held to be an improper method because the…
2Cases cited3 opinions
- Moran v. VreelandAppellate Division of the Supreme Court of the State of New York · 1898
- Mutual Reserve Fund Life Ass'n v. PattersonNew York Supreme Court · 1901
- Wood v. J. L. Mott Iron WorksAppellate Division of the Supreme Court of the State of New York · 1906