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PRYER v. HENDERSON

21 Misc.2d 256 (1959)

Barbara Pryer et al., Infants, by Their Guardian ad Litem, Charles Pryer, et al., Respondents, v. Eddie Henderson, Appellant.

Supreme Court, Appellate Term, Second Department.

December 18, 1959.

Attorney(s) appearing for the Case

Doran & Goerlich (Harold L. Goerlich of counsel), for appellant.

Gelfand & Shedler (Burton W. Stone of counsel), for respondents.

Concur — PETTE, DI GIOVANNA and BROWN, JJ.

Per Curiam.

The Nassau County District Court is a court not of record (Judiciary Law, § 2) and therefore did not have power to order a discovery and inspection pursuant to the provisions of section 324 of the Civil Practice Act; and such power is not specifically conferred on it by any provision of the Nassau County District Court Act.

The order should be unanimously reversed upon the law, with $10 costs to defendant and motion denied. The court...

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