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BRESWICK & CO. v. GREATER NEW YORK INDUS., INC.

308 N.Y. 1041 (1955)

In the Matter of Breswick & Company, Respondent, v. Greater New York Industries, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided June 10, 1955

Attorney(s) appearing for the Case

Hyman D. Lehrich, appellant in person, and Kenneth J. Mullane for Greater New York Industries, Inc., and another, appellants.

Daniel S. Berman for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

Per Curiam.

Upon this record, triable issues of fact are raised as to the good faith of petitioner and as to its purpose in seeking the inspection, which should be determined before a final order issues (Civ. Prac. Act, § 1295; Matter of Schulman v. Dejonge & Co., 270 App. Div. 147; Matter of Tate v. Sonotone Corp., 272 App. Div. 103).

Accordingly, the order of the Appellate Division...

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