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L-TRON CORP. v. DAVCO

60 A.D.2d 25 (1977)

L-Tron Corporation, Appellant, v. Davco Systems, Inc., Respondent

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

December 9, 1977

Attorney(s) appearing for the Case

Hersha & Scott (Roger Scott of counsel), for appellant.

Davis, Nesper & McElvein (Costello, Cooney & Fearon and Bruce B. Roswig of counsel), for respondent.

CARDAMONE, SIMONS and DILLON, JJ., concur.

MOULE, J. P.

This appeal is from an order denying plaintiff's motion pursuant to CPLR 3102 (subd [c]) and CPLR 3111 for disclosure for the purpose of framing a complaint.

Plaintiff commenced this action by service of a summons upon defendant corporation (hereinafter referred to as Davco) on September 2, 1976. Thereafter, on September 29, 1976 plaintiff served upon Davco a notice of motion for disclosure...

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