Sivins v. Mooney

Motion is made for a discovery and inspection of the books of defendants to enable plaintiff to prepare for trial, pursuant to section 803 of the Code of Civil Procedure and Rules 14 and 15 of the General Rules of Practice. The moving papers must show the necessity of such an examination. Bloom v. Patten, 58 N. Y. Super. Ct. 225. In this case the complaint alleges: “ The defendants employed the plaintiff in their business, commencing on the 21st day of September, 1906, for one year, on a commission basis of seven per cent, for all sales made by the plaintiff for the defendants,” and…