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  5. 114 A.D.2d 1007 (1985)
 

INTEX CO., INC. v. MOTOROLA SEMICONDUCTOR PRODS., INC.

114 A.D.2d 1007 (1985)

Intex Company, Inc., et al., Appellants, v. Motorola Semiconductor Products, Inc., et al., Respondents

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

November 25, 1985

Order affirmed, with costs.

The documents in question are not "material and necessary" to the prosecution of this action as is required for their production pursuant to demand under CPLR 3120. A demand for such production in conjunction with the deposition of one in possession of such documents pursuant to CPLR 3111 would have been a more appropriate vehicle for evaluating and testing the relevance of each document sought...

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