TPK. REST. v. COHEN


34 Misc.2d 183 (1962)

Turnpike Delicatessen & Restaurant, Inc., Plaintiff, v. Sol Cohen, Defendant.

Supreme Court, Special Term, Queens County.

April 27, 1962


Attorney(s) appearing for the Case

Kail & Klaw for defendant. Murray Ehrlich for plaintiff.


CHARLES MARGETT, J.

In an action to recover damages for alleged shortages in delivery of meat by the defendant to the plaintiff over a period of three years, the defendant moves to vacate or, in the alternative, to modify the notice to examine him before trial. The plaintiff cross-moves for discovery of certain books and records pursuant to section 324 of the Civil Practice Act.

The defendant, in support of his motion, contends that the items...

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