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ORBACH v. DIAMOND

278 A.D. 651 (1951)

Murray Orbach, as a Director of Jarold Shops, Inc., Suing on Behalf of Jarold Shops, Inc., Respondent, v. Mae Diamond, Individually and as Administratrix of The Estate of Bernard Diamond, Deceased, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 27, 1951.

Order unanimously modified by deleting from items 1, 5, 6, 7 and 8 of the notice of examination the words "fradulently and unlawfully" and "unlawful reasons" and by directing that books and papers relevant to the subject of examination are to be produced pursuant to section 296 of the Civil Practice Act instead of in accordance with Beeber v. Empire Power Co. (260 App. Div. 68, and cases there cited) and, as so modified, affirmed, without costs.

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