MARLIN COAL & FUEL CORP. v. GALLAGHER


283 A.D. 695 (1954)

Marlin Coal & Fuel Corp., Respondent, v. William H. Gallagher et al., Defendants, and Kearns Coal Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 2, 1954.


Order affirmed, with $20 costs and disbursements to the respondent. The reply in this case may be frivolous but we cannot assuredly say that it is. Under the circumstances the order appealed from should be affirmed. Also, under the circumstances the defendant-appellant would be entitled to a discovery and inspection of plaintiff's records.

Breitel, J., dissents in the following memorandum:

I dissent on the ground that section 255-a of the Civil...

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