Poel v. Hills — 143 N.Y.S. 1139

Majority

p. 1139

POEL v. HILLS et al. (three cases).

(Supreme Court, Appellate Division, First Department.

November 7, 1913.)

Headnote

Appeal from Special Term, New York County. Actions by Frans Poel against William Hills. From an order providing for discovery and inspection of books, etc., of plaintiff, plaintiff appeals. Modified and affirmed. See, also, 155 App. Div. 934 , 140 Ñ. Y. Supp. 1140 . Pinney, Thayer & Van Slyke, of New York City (Aaron C. Thayer, of New York City, of counsel), for appellants. Griggs, Baldwin & Baldwin, of New York City (Martin Conboy, of New York City, of counsel), for respondents.

The orders appealed from should be modified, by striking out the provisions for the discovery and inspection of the books, records, and accounts of Gruner & Co. and Dusendschon, Zarges & Co., both of Brazil, and by limiting the inspection of the books and records of the plaintiffs to the period from February 14, 1910, to July 25, 1910, both dates inclusive, and the time in which such inspection can be had during business hours for a period of two weeks, and, as so modified, affirmed, with $10 costs and disbursements to the appellants.