Legal Opinion

Harby Steamship Co. v. Staten Island Shipbuilding Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1919PublishedCited by 3 opinions

Appeal by the plaintiff, Harby Steamship Company, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of October, 1919, modifying an order for the examination of the respondent before trial by striking out the provision for the examination and inspection of its books and papers and by providing that said books and papers may be used only in connection with the oral…

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Appeal by the plaintiff, Harby Steamship Company, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of October, 1919, modifying an order for the examination of the respondent before trial by striking out the provision for the examination and inspection of its books and papers and by providing that said books and papers may be used only in connection with the oral examination of the witnesses.

1Opinion of the Court

Philbin, J.:

Under the provisions of the Code of Civil Procedure (§ 872, subd. 7, as amd. by Laws of 1911, chap. 781, and Laws of 1913, chap. 278) a plaintiff is entitled to examine a defendant corporation by its officers, directors or managing agents and to require the production of books and papers, which may be offered and received in evidence in addition to the use thereof for the purpose of refreshing the memory. That is the rule which now pertains in the examination of corporations. (Flamingo Film Co., Inc., v. World Film Corporation, 173 App. Div. 959.) The rule does not mean, however,…

2Cases cited2 opinions

  1. Strong & Trowbridge Co. v. Defiance Machine WorksAppellate Division of the Supreme Court of the State of New York · 1918
  2. Flamingo Film Co. v. World Film Corp.Appellate Division of the Supreme Court of the State of New York · 1916

3Cited by3 opinions

  1. Dunbar & Sullivan Dredging Co. v. StateNew York Court of Claims · 1940
  2. Levy v. WhippleNew York Supreme Court · 1958
  3. O'Brien v. Tonawanda Board & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1920

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