Yellow Taxicab Co. v. Gaynor
Appellate Division of the Supreme Court of the State of New York
Appeal from order, entered in the office of the clerk of the county of Hew York, granting defendants permission to examine certain books, papers, documents and property belonging to and in the possession of the plaintiff.
1Per curiam
The facts which the defendants seek to ascertain by this discovery and examination relate solely to matters upon which the plaintiff has the burden of proof before it can get any relief in this action. (Lawson v. Hotchkiss, 140 App. Div. 297.) The order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.
2Cases cited1 opinion
- Lawson v. HotchkissAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- In Re MartinezCalifornia Court of Appeal · 1942
- Yellow Taxicab Co. v. GaynorAppellate Division of the Supreme Court of the State of New York · 1913
- Yellow Taxicab Co. v. GaynorAppellate Division of the Supreme Court of the State of New York · 1913