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CITY MESSENGER SERV. v. POWERS PHOTO.

7 A.D.2d 213 (1959)

City Messenger Service of Hollywood, Inc., Respondent, v. Powers Photoengraving Company, Appellant

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

February 3, 1959.

Attorney(s) appearing for the Case

Eugene H. Nickerson of counsel (Edward J. Pastucha with him on the brief; Hale Stimson Russell & Nickerson, attorneys), for appellant.

David O. Kuh for respondent.

BREITEL, J. P., RABIN, M. M. FRANK, VALENTE and McNALLY, JJ., concur.

Per Curiam.

This appeal is from an order denying defendant's motion for a discovery and inspection of plaintiff's books and records pursuant to section 324 of the Civil Practice Act.

It appears that plaintiff, in the course of an examination before trial, refused to produce certain books and records as demanded in the notice of examination. Defendant in consequence moved for a discovery and inspection. The better practice, it would seem, would be for...

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