(Download) "Irving Gross v. Virgil M. Price" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Irving Gross v. Virgil M. Price
- Author : Supreme Court of New York
- Release Date : January 25, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
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[2 A.D.2d 707 Page 707] In a stockholder's derivative action, defendants appeal from so much of an order as grants plaintiff's motion for a discovery
and inspection of books, records and documents of the corporate defendants, and for an examination before trial of two of
the individual defendants and of said corporations, by certain designated officers, and directs the defendants upon said examination
before trial to produce books and records for identification in addition to the use thereof to refresh the memory of any of
said witnesses. Order modified by striking therefrom the third, fourth, fifth and sixth ordering paragraphs thereof and by
substituting therefor the following: "Ordered that the motion for a discovery and inspection is hereby denied with respect
to items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18 and 19 of Schedule A annexed to the notice of motion, without
prejudice to a new application by plaintiff for a discovery and inspection upon a showing that specific documents containing
relevant evidence are required and that the examination before trial has proven to be an inadequate remedy". Order further
modified by striking from the seventh ordering paragraph the words "by Virgil M. Price, its President, by Robert H. Reighter,
Jr., its Assistant Secretary, and by Alice Price, also known as Alice Walter, its Secretary", and also the words "by Virgil
M. Price, its President and by Alice Price, also known as Alice Walter, its Secretary", and by substituting in each instance
the words "by one or more of its officers or employees having knowledge of the facts". Order further modified by striking
therefrom the eighth and ninth ordering paragraphs and by substituting therefor the following: "Ordered, that upon such examination
the defendant East and Coast Lumber Terminal, Inc., and defendant Broad Hollow Estates, Inc., shall produce the books, accounts,
documents and records set forth in items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, and 19 of Schedule A annexed
to the notice of motion for all purposes provided by section 296 of the Civil Practice Act". As so modified, order, insofar
as [2 A.D.2d 707 Page 708]