HOLCOMB v. UNION CONFECTIONERY MACH. CO.


280 A.D. 252 (1952)

William H. Holcomb, Doing Business under the Name of Jacksonville Candy Company, Appellant, v. Union Confectionery Machinery Co., Inc., Respondent

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

June 3, 1952.


Attorney(s) appearing for the Case

Paul A. Crouch of counsel (Clark, Carr & Ellis, attorneys), for appellant.

Theodore B. Wolf of counsel (Sherwin A. Rodin with him on the brief; Zelkin & Cohen, attorneys), for respondent.

PECK, P. J., DORE, COHN and CALLAHAN, JJ., concur.


Per Curiam.

Plaintiff buyer has already furnished defendant seller a detailed bill of particulars substantially giving defendant all the information sought by the examination before trial granted by the order appealed from except possibly as to items 5 and 7 in defendant's notice of motion for plaintiff's examination. On this record, in our opinion, it is onerous and presently unnecessary to compel plaintiff to travel round trip across half the continent for...

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