Majority
p. 843Mollie Pergament, Appellant, v. Leo Esbinsky, Trading as The West End Pure Mineral Water Company, Respondent.
The complaint states a cause of action upon a breach of an implied warranty (Rinaldi v. Mohican Co., 225 N. Y. 70 -73), and the matters upon which the examination of the defendant is sought are material and necessary to aid in establishing plaintiff’s cause of action. The order is, therefore, reversed on the law and the facts, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Kelly, P. J., Rich, Maiming, Kapper and Lazansky, JJ., concur.
Cases cited
- Rinaldi v. Mohican Co. 225 N. Y. 70 p. 843