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MARK v. RIZZO

286 A.D. 610 (1955)

Hyman Mark, as Committee of the Property of Max Levin, an Incompetent, Appellant, v. Mary Rizzo, Respondent, et al., Defendants

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

November 16, 1955.

Attorney(s) appearing for the Case

Hyman Mark, appellant in person.

Robert P. Leacy and Michael J. Montesano for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.

KIMBALL, J.

In this action to foreclose a mortgage, the plaintiff appealed from an order to compel him to make discovery and inspection of certain records, pursuant to section 324 of the Civil Practice Act. An order was granted, reading in part as follows: "ORDERED, that the plaintiff herein permit the defendant Mary Rizzo to inspect, photograph or copy the record of bank deposits for the years 1950 and 1951,...

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