Turnpike Delicatessen & Restaurant, Inc. v. Cohen

In an action to recover damages for alleged shortages in delivery of meat by the defendant to the plaintiff over a period of three years, the defendant moves to vacate or, in the alternative, to modify the notice to examine him before trial. The plaintiff cross-moves for discovery of certain books and records pursuant to section 324 of the Civil Practice Act.

The defendant, in support of his motion, contends that the items of the notice to examine him before trial calling for the production of income tax and gross business tax reports, all bills to the defendant from Hygrade Food Products…