MATTER OF LEVIN v. McDOWALL


5 A.D.2d 978 (1958)

In the Matter of Meyer Levin, Respondent, v. Roddy McDowall et al., Appellants

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

April 10, 1958


Order unanimously modified on the law to the extent of denying the examination as to respondent Stockwell and is otherwise affirmed.

There is no basis, unless one indulges in assumptions unsupported by any allegations of fact in his moving papers, for holding that petitioner has sustained his burden of establishing facts which would indicate that he has a meritorious cause of action against respondent Stockwell. Costs to respondent-appellant Stockwell against petitioner...

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