PLANNED INDUS. CTRS., INC. v. ERIC BUILDERS, INC.


51 A.D.2d 586 (1976)

Planned Industrial Centers, Inc., Respondent, v. Eric Builders, Inc., Appellant, et al., Defendants

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

January 26, 1976


Order affirmed insofar as appealed from, without costs.

It is well settled that when an attorney functions as an agent or negotiator in a commercial venture he may be examined (see Glen 4912 Corp. v Strauss, 44 A.D.2d 582; Matter of Levinsky, 23 A.D.2d 25). In our opinion, appellant's attorney is a hostile witness who possesses material and necessary information; plaintiff should...

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