Lunt v. Two Hundred Forty Goodman Street South, Inc.

Plaintiff is entitled to have an order for the examination of the defendant corporation through its named officers and directors as to some of the matters specified in his notice of motion, since they are material and necessary in the prosecution of his action (Civ. Prac. Act, § 288). * Plaintiff is also entitled to have the order provide that defendant produce its books and papers, both to refresh the memory of witnesses and for use in evidence (Civ. Prac. Act, § 296).† Assuming that the contract, which is the basis of the action, is presumptively binding upon the defendant — it being signed…