DALTON v. CROWLEY


25 A.D.2d 816 (1966)

Thomas J. Dalton, Respondent, v. Robert Crowley, Appellant

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

April 7, 1966


Order unanimously reversed, with costs, and motion denied.

Memorandum:

There being no demonstration of bad faith on defendant's part, and no showing of unreasonable annoyance, disadvantage, or other prejudice likely to result to the plaintiff from a second entry by defendant on plaintiff's property for purposes of discovery, the order of County Court vacating defendant's notice for discovery and inspection was an improvident exercise of discretion. The entry...

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