OCEAN HOME ENTERS., INC. v. MERCER


19 A.D.2d 549 (1963)

Ocean Home Enterprises, Inc., Respondent, v. Walter E. Mercer et al., Appellants

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

May 20, 1963


Order modified by striking out the sixth decretal paragraph directing the defendants to transcribe the testimony of plaintiff's officers and employees, and further directing that defendants' answer be stricken out if such transcription be not made; and plaintiff's motion to direct such transcription denied. As so modified, order, insofar as appealed from, affirmed, without costs.

In our opinion, under the circumstances, it was an improper exercise of discretion to...

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