JENKINS v. BROD


27 A.D.2d 834 (1967)

Mae Jenkins, Individually and as Executrix and Trustee of Robert Jenkins, Deceased, Respondent, v. Irven J. Brod, Individually and as President and Director of The United Boat Service Corporation, et al., Appellants

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

March 30, 1967


Order entered March 4, 1966, granting plaintiff's motion pursuant to CPLR 3102 (subd. [c]) to take the oral deposition of defendant Irven Jack Brod for the purpose of preparing a complaint, unanimously reversed, on the law and the facts, without costs or disbursements, and the motion denied, without prejudice to renewal thereof after completion of the below-mentioned examination of books and records.

Plaintiff's present papers make an insufficient showing of the existence...

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