LA MONTE v. SMITH


10 A.D.2d 678 (1960)

Victor La Monte, Individually and On Behalf of All Others Similarly Situated, Respondent, v. Joe Smith, as Treasurer of American Guild of Variety Artists, et al., Appellants

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

March 9, 1960


Order appealed from unanimously modified, in the exercise of discretion, as hereinafter provided, without costs.

In this action to set aside the election of officers and directors of a union, plaintiff sought an examination before trial in an attempt to establish irregularities in the distribution of ballots. Judicial policy favors permitting parties upon a proper showing to obtain information necessary and relevant to the conduct of their cases. However, even where...

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