MacLeod v. Chester H. Roth Co., Inc.

Full title: LOUIS MacLEOD et al., Respondents, v. CHESTER H. ROTH CO., INC., Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 3, 1958

5 A.D.2d 974 (N.Y. App. Div. 1958)

Opinion

April 3, 1958

Order unanimously modified on the law and in the exercise of discretion by eliminating the reference in the notice for examination before trial of the named officer and permitting the defendant corporation to be examined by any officer, director or employee with knowledge of the facts and generally with respect to the relevant material allegations of fact put in issue by the pleadings in the action, as provided by rule 121-a of the Rules of Civil Practice, as last amended, without costs to either side. (See United States Overseas Airlines v. Cox, 283 App. Div. 31.) Settle order.

Concur — Botein, P.J., Breitel, Rabin, Frank and Bastow, JJ.