Hyperlawhypertext legal database Schenley Industries, Inc. v. Allen 25 A.D.2d 742

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Schenley Industries, Inc. v. Allen

25 A.D.2d 742 Court N.Y. App. Div. Decision date 1966-04-28 English

Judges Concur — -Rabin, J. P., McNally, Stevens and Eager, JJ.

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p. 742
In the Matter of Schenley Industries, Inc., Respondent, v. Herbert Allen et al., Individually and as Partners Doing Business under the Name of Allen & Co., Appellants.

Order entered February 24, 1966, granting examination of respondents in order to frame a complaint, unanimously reversed,

p. 743
on the law and on the facts, with $30 costs and disbursements to respondents-appellants, the motion denied and the application dismissed. In order to obtain an examination to frame a complaint, plaintiff; should present facts fairly-indicating a cause of action against the adverse party. (Cotler v. Retail Credit Co., 18 A D 2d 898 .) There is no such showing here.

Concur — -Rabin, J. P., McNally, Stevens and Eager, JJ.