68 FIFTH AVE. REST. INC. v. 59 FIFTH REST. CORP.


37 A.D.2d 780 (1971)

68 Fifth Ave. Rest. Inc., Respondent, v. 59 Fifth Restaurant Corp., Appellant

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

September 27, 1971


Order modified, as a matter of discretion and in the interests of justice, so as to add thereto a decretal provision that the denial of defendant's motion is without prejudice to such motion as defendant might be advised to make at Trial Term to direct plaintiff to submit to an examination before trial concerning plaintiff's attempts, if any, to obtain a liquor license for the restaurant. As so modified, order affirmed, without costs.

Such motion for examination of...

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