Tannenbaum v. Carvel

Action to recover damages for breach of contract. Order insofar as it denied plaintiff’s application to examine the defendant in respect of damages .under item 5 of his notice of motion, and insofar as it denied him a discovery and inspection in respect of all items set out in his demand, reversed on the law and the facts, with $10 costs and disbursements, and the motion granted; the examination to proceed on five days’ notice. The subject matter upon which examination before trial and discovery and inspection was sought is an integral part of the plaintiff’s cause of action. The action being…