Respondent shall recover of appellant $40 costs and disbursements of this appeal. In this action for goods sold and delivered, where an answer was served in June, 1973 and amended by stipulation in September, 1973 defendant by notice in May, 1975 sought numerous financial records. Responding to plaintiff's motion for a protective order defendant admitted that such discovery was not within the ambit of the pleadings, but was sought in order to determine whether plaintiff and...
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