Contracts · MBE-tested

Alvin H. Rosenthal, Respondent, v. Kenneth A. Meredith et al., Doing Business under the Name of Kenneth A. Meredith & Co., Appellants

271 A.D.2d 825·New York Supreme Court, Appellate Division·1946·NY

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Opinion

Alvin H. Rosenthal, Respondent, v. Kenneth A. Meredith et al., Doing Business under the Name of Kenneth A. Meredith & Co., Appellants. [MAJORITY] Orders for examination, so far as appealed from, unanimously modified by deleting items 1, 2 and 3, and that part of item 4 “ As to whether, because of the sales ability of the plaintiff” the contract was made. The production of books and records for use pursuant to section 296 of the Civil Practice Act should be limited to item 10 of the examination. As so modified the orders are affirmed, with $20 costs and disbursements to the appellants. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Martin, P. J., Townley, Glennon, Callahan and Peck, JJ.