Iroquois Hotel & Apartment Co. v. Iroquois Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Iroquois Bealty Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 11th day of February, 1908, denying the defendant’s motion for a discovery of the books and accounts of the plaintiff.
1Opinion of the Court
Per Curiam :
The action is for damages for an alleged wrongful eviction of the plaintiff from premises used as a hotel.
In conducting its business the plaintiff kept books showing resulting profit or loss and these books defendant asked to be permitted to "inspect. The defendant denies the wrongful eviction or that any damage- resulted. The books of the plaintiff will show whether the hotel business was profitable or not, and if profitable to what extent plaintiff suffered damage from its eviction. Damages being claimed and denied their amount is a material issue in the case. Section 803 of the…
2Cases cited3 opinions
- Powers v. ElmendorfNew York Supreme Court · 1849
- Hart v. Ogdensburg & Lake Champlain RailroadNew York Supreme Court · 1893
- Rhoades v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by7 opinions
- Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
- Union Trust Co. v. Superior CourtCalifornia Supreme Court · 1938
- Milton Kauffman, Inc. v. Superior CourtCalifornia Court of Appeal · 1949
- Indianapolis Amusement Co. v. Metro-Goldwyn-Mayer Distributing Corp.Court of Appeals for the Seventh Circuit · 1937
- Hotchkiss v. LeviAppellate Division of the Supreme Court of the State of New York · 1910
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