Tax
Yellow Taxicab Company, Appellant, v. William J. Gaynor, as Mayor of the City of New York, and Others, Respondents
159 A.D. 899·New York Supreme Court, Appellate Division·1913·NY
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Opinion
Yellow Taxicab Company, Appellant, v. William J. Gaynor, as Mayor of the City of New York, and Others, Respondents.
Appeal from order, entered in the office of the clerk of the county of Hew York, granting defendants permission to examine certain books, papers, documents and property belonging to and in the possession of the plaintiff.
[MAJORITY — Per Curiam:]
Per Curiam:
The facts which the defendants seek to ascertain by this discovery and examination relate solely to matters upon which the plaintiff has the burden of proof before it can get any relief in this action. (Lawson v. Hotchkiss, 140 App. Div. 297.) The order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.