Eschenbrenner v. Gude Bros. Kieffer Co. — 235 N.Y. 565

Majority

p. 565

Nicholas J. Eschenbrenner, Respondent, v. Gude Bros. Kieffer Company, Appellant.

Headnote

Appeal — appeal from order involving question of discretion dismissed.

Eschenbrenner v. Gude Brothers, Kieffer Co., 202 App. Div. 752 , appeal dismissed.

(Submitted February 27, 1923;

decided March 13, 1923.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 2, 1923, which reversed an order of Special Term denying a motion for inspection and discovery and granted said motion.

The following question was certified: “ Is the plaintiff entitled to an order permitting him to inspect the account books, vouchers, receipts and checks of the defendant for the year beginning March 1, 1918, and ending February 28, 1919? ”

Leon R. Jillson for appellant.

Lester S. Abberley and Edward D. Bryde for respondent.

Appeal dismissed, with costs. Question certified involves question of discretion and, therefore, is not answered; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.