[DOWNLOAD] "White Plains Coat & Apron Co." by Supreme Court of New York ~ eBook PDF Kindle ePub Free

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eBook details

• Title: White Plains Coat & Apron Co.
• Author : Supreme Court of New York
• Release Date : January 22, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Appellant sought by notice to take deposition upon oral examination of plaintiffs president, to compel production of "plaintiffs books of account (including without limitation its general ledgers), financial statements, profit and loss statements, and federal and state tax returns for the entire period with respect to which damages measured by lost profits are claimed herein; and * * * [all] route cards, ledger cards, invoices, bills, statements, receipts, documents or business records of any kind and description relating to the linen supply services rendered by plaintiff to defendant K.M. Lehmann d/b/a Maxls Restaurant, including without limitation all records relating to merchandise ordered by plaintiff especially for Maxls Restaurant." The notice was overly burdensome in that it "seeks an improper wholesale fishing expedition" of plaintiffs financial affairs and business records. (Butler v District Council 37, Amer. Federation of State, County & Municipal Employees, AFL-CIO, 72 A.D.2d 720.) The array of documents sought exceeds the requirements for a pretrial examination and the bounds intended by CPLR 3111. Accordingly, plaintiff is entitled to a protective order without prejudice to the service of a proper disclosure demand, should appellant be so advised.

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