Honolulu Ltd v. Fifth Avenue Coach Lines, Inc.

Petitioner applies for an order compelling respondents to permit an inspection of certain hooks and papers of the respondent corporations. Respondents move pursuant to rule 106 of the Rules of Civil Practice and section 1293 of the Civil Practice Act for an order dismissing the peti*890tion as a matter of law on the ground that it does not state facts sufficient to constitute a ‘ ‘ cause of action ’ ’. It is only respondents ’ motion for an order of dismissal that is before this court for consideration and determination.

Buie 106 of the Buies of Civil Practice applies to motions addressed to a “…