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MATTER OF SCHENLEY INDUS., INC. v. ALLEN

25 A.D.2d 742 (1966)

In the Matter of Schenley Industries, Inc., Respondent, v. Herbert Allen et al., Individually and as Partners Doing Business under the Name of Allen & Co., Appellants

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

April 28, 1966

Order entered February 24, 1966, granting examination of respondents in order to frame a complaint, unanimously reversed, on the law and on the facts, with $30 costs and disbursements to respondents-appellants, the motion denied and the application dismissed.

In order to obtain an examination to frame a complaint, plaintiff should present facts fairly indicating a cause of action against the adverse party. (Cotler v. Retail...

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