MATTER OF SALKIN


8 A.D.2d 712 (1959)

In the Matter of the Accounting of A. Loeb Salkin, Respondent, as Trustee of the Trust Created by Theodore Lipin, Appellant Theodore Lipin, Appellant, v. A. Loeb Salkin et al., Respondents

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

May 19, 1959


Order denying a discovery and inspection entered February 20, 1959 is reversed, on the law, on the facts and in the exercise of discretion, the motion granted as hereinafter indicated, and the cross motion to terminate the examination before trial denied, with costs to respondent-appellant.

In this proceeding, pursuant to article 79 of the Civil Practice Act, respondent-appellant counterclaims for rescission of the trust agreement, an accounting and damages for breach...

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