Zinner v. Louis Meyers & Son, Inc.

Motion of defendant to vacate notice heretofore served by plaintiffs for discovery and inspection, sought by virtue of section 327 of the Civil Practice Act, is granted. That statute is applicable only where a document is referred to in an adversary’s “ pleadings of affidavits ”, and it is clear that where such is not the case, discovery and inspection must be sought by motion and order of the court obtained therefor. (Schmoll Fils Associated v. Baltic America Line, 231 App. Div. 231.) Admittedly, there is no reference to any document. in the defendant’s pleading or in any affidavit by it;…