Wharton v. Manton Construction Corp.

Order in so far as it denies plaintiff’s motion for discovery and inspection of defendant’s books and papers, reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs; inspection to be had on ten days’ notice. Plaintiff is entitled to discovery and inspection under the circumstances herein. (Burns v. Lipson, 204 App. Div. 643 ; Fey v. Wisser, 206 id. 520.) Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.