Tooley v. Exempt Firemen's Benevolent Ass'n

In an action for a declaratory judgment and an accounting, plaintiffs appeal from an order of the Supreme Court, Westchester County, dated September 28, 1960, denying their motion, pursuant to sections 288 and 296 of the Civil Practice Act, to examine defendant before trial and to compel defendant to produce specified documents upon the examination. Order affirmed, without costs, and with leave to plaintiffs, if so advised, to renew their motion to examine defendant before trial respecting, however, only such matters as are relevant and material to plaintiffs’ right to a declaratory judgment…