HARRIS v. MURIEL SPORTSWEAR


19 Misc.2d 769 (1959)

Irving H. Harris, Doing Business as Irving H. Harris, Respondent, v. Muriel Sportswear, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

October 22, 1959.


Attorney(s) appearing for the Case

Robert Hoffman and Samuel S. Kolman for appellant.

No one appearing for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

The examination of the plaintiff before trial was conditioned on the defendant corporation appearing here from Miami, Florida, for its examination and producing its books and records. Since defendant was brought into this action involuntarily and was a foreign corporation resident at a great distance from this city, with no officer or employee available here, the granting of the conditional examination was an improvident exercise of discretion....

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