MATTER OF HEART CHOCOLATE CO., INC. v. AVON CONVERTING CO., INC.


23 A.D.2d 844 (1965)

In the Matter of Heart Chocolate Company, Inc., et al., Respondents, v. Avon Converting Co., Inc., Appellant

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

May 20, 1965


Order entered February 23, 1965, which upon reargument recalled a prior decision and granted petitioners' application pursuant to CPLR 3102 directing appellant to submit to an examination for the purpose of enabling petitioners to determine the potential defendants in an action that they intended to commence, unanimously reversed on the law and the facts, without costs or disbursements, and the motion is denied.

The examination sought was not for the purpose of framing...

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