Opinion
March 29, 1971
In an action for an injunction, an accounting and money damages, defendants Aaron Glubo and Meridian Waterproofing Corp. appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County, dated August 26, 1970, as granted a motion by plaintiffs to the extent that the motion was to examine appellants for the purpose of enabling plaintiffs to prepare a complaint. Order reversed insofar as appealed from, with $10 costs and disbursements, and said branch of plaintiffs' motion denied. The complaint is to be served, if respondents be so advised, within 20 days after service of a copy of the order hereon with notice of entry. In our opinion, the facts disclosed in plaintiffs' papers indicate that they have sufficient information to frame a complaint without the examination they seek. Further the parties are competitors and under the circumstances of this case it would be manifestly prejudicial to permit plaintiffs to institute a $1,000,000 suit by service of a summons and to conduct extensive disclosure proceedings against their competitors without the service of a complaint. Hopkins, Acting P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.