Legal Opinion

Carden Hall, Inc. v. Riden Construction Corp.

New York Supreme Court

Decided May 22, 1963PublishedCited by 1 opinion

1Opinion of the CourtCharles J. Beckinella, J.

Plaintiff’s motion for a discovery and inspection of certain books and papers, made pursuant to section 324 of the Civil Practice Act is granted only to the extent that the plaintiff may examine the defendants before trial — the scope of the examination to be limited to plaintiff’s right to an accounting and not as to the items of the account.

Plaintiff is not entitled to a discovery and inspection pursuant to section 324, for two reasons. Those reasons are: (1) It is “ established policy that in an action for an accounting, until the plaintiff has obtained an interlocutory judgment directing *1004t…

2Cited by1 opinion

  1. Ossandon v. New York City Transit AuthorityNew York Supreme Court · 1964

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