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BAY RIDGE MORTGAGE CO., INC. v. LINCOLN METAL PRODS. CORP.

33 A.D.2d 1028 (1970)

Bay Ridge Mortgage Co., Inc., et al., Respondents, v. Lincoln Metal Products Corporation, Appellant

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

February 9, 1970

Order reversed, on the law and the facts, with $10 costs and disbursements, and motion granted.

Under the circumstances of this case we are of the opinion that the document and information sought to be discovered are not material and necessary within the scope of CPLR 3101 (M B Steel Corp. v. United Steel Warehouse Corp., 23 A.D.2d 579; cf. M B Steel Corp. v. United Steel Warehouse Corp., 23 N.Y.2d...

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