BRUSH v. BRITTAIN


10 A.D.2d 574 (1960)

Graham M. Brush, Sr., Individually and as a Stockholder of Seatrain Lines, Inc., Suing on His Own Behalf and On Behalf of Said Corporation and on Behalf of Defendant, Ship Container Corporation, a Wholly Owned Subsidiary of Seatrain Lines, Inc., Respondent, v. Alfred Brittain et al., Appellants, et al., Defendants

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

January 28, 1960


Order unanimously reversed on the facts and on the law, with $20 costs and disbursements to the appellants, and the motion to examine the defendants-appellants before trial is denied, with $10 costs.

Although the complaint is verified it consists for the most part of generalized charges and conclusory allegations. The papers offered in support of the motion do not contain factual allegations of evidentiary value to establish charges of wrongdoing or improper conduct...

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