Fugazy v. Time, Inc.

Order, entered April 29, 1965, in a libel action, granting plaintiff’s motion *444under CPLR 3122 to vacate items 2 and 4 of defendants’ notice to produce pursuant to CPLR 3120, and denying defendants’ cross motion pursuant to CPLR 3124 to compel disclosure under the notice to produce, unanimously modified on the law, on the facts, and in the exercise of discretion to compel disclosure of the material specified in items 1 and 3 of the notice to produce, without costs or disbursements on this appeal to any party. As to items 1 and 3, plaintiff makes no objection with respect to the relevancy or…