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Star Pictures, Inc. v. Republic Pictures Corp.

280 A.D. 761 Court N.Y. App. Div. Decision date 1952-06-03 English

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p. 761
Star Pictures, Inc., Appellant-Respondent, v. Republic Pictures Corporation, Respondent-Appellant, et al., Defendants.

Order, so far as appealed from, unanimously modified on the appeal by defendant by striking items 11, 12 and 13 and, as so modified, affirmed, with $20 costs and disbursements to defendant-appellant. The conclusory allegations of the complaint as to these items do not justify the exploratory examination sought. The date for the examination to proceed shall be fixed in the order. Settle order on notice. Present — Peek, P. J., Dore, Cohn and Callahan, JJ.