MARSH v. ARTHUR H. LEE & SONS, INC.


34 A.D.2d 985 (1970)

Leonard Marsh, Respondent, v. Arthur H. Lee & Sons, Inc., Defendant, and Richard Wheelright, Appellant

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

June 15, 1970


Order reversed insofar as appealed from and respondent's motion to strike out appellant's answer denied, on condition that appellant pay respondent $10 costs and disbursements of this appeal, which are hereby awarded, within 10 days after service of a copy of the order hereon with notice of entry.

In our opinion, it was an improvident exercise of discretion to strike appellant's answer, since the requested material was furnished prior to the hearing...

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