Consolidated Edison Co. of New York, Inc. v. Sterling Leasing Co.

Majority

p. 898

Consolidated Edison Company of New York, Inc., Appellant, v. Sterling Leasing Co., Inc., et al., Respondents, et al., Defendants.

Plaintiff appeals from an order granting defendants an examination of plaintiff before trial and directing the production of certain books

p. 899

and documents to be used in accordance with section 296 of the Civil Practice Act.

The order appealed from should be modified by striking out (1) from the items of examination, Nos. 14, 15, 16, 17; (2) from the items directing the production of books and documents, items D, E, F and K; and (3) the omnibus requirement of all other books of whatever nature “from January 1, 1933, and prior thereto

The examination should proceed by Nils T. Sellman, plaintiff’s assistant vice-president in charge of sales, instead of plaintiff’s president, without prejudice to a further application if the officer examined has no knowledge or information on items relevant and necessary. The examination shall be conducted at plaintiff's place of business ten days after completion of plaintiff’s examination of defendants allowed in a companion appeal (post, p. 900).

The order appealed from should be modified accordingly and as so modified affirmed, with twenty dollars costs and disbursements to the plaintiff-appellant.

Martin, P. J., Townley, Glennon and Dore, JJ., concur.

Order unanimously modified as indicated in opinion and as so modified affirmed, with twenty dollars costs and disbursements to the plaintiff-appellant. The date for the examination to proceed to be fixed in the order. Settle order on notice. [See post, p. 1024.]