285 A.D. 823 | N.Y. App. Div. | 1955
Appeal by petitioner from an order denying its motion to take testimony by deposition of certain individuals and corporations, including respondent and its officers, directors and attorneys, and for a discovery and inspection of various books, papers and documents. The application was made principally to obtain proof in support of petitioner’s claim that the parties had entered into an agreement, sufficient under the Statute of Frauds (Real Property Law, § 259), for the sale of real property known as Hicks Beach by respondent to petitioner. Order reversed, with $10 costs and disbursements, and motion granted, without costs, to the extent hereinafter mentioned, the examinations and discovery and inspections to proceed on ten days’ notice. Item (y) of the proposed examination of Selig J. Levitan is disallowed. Item (h) in each of the proposed examinations of Donald H. Peters, Priscilla Magnus, Philip Godfrey, Eva G. Godfrey and Hicks Development Corporation, is modified by adding to the end thereof the words “ relating to the proposed purchase and the terms thereof.” Subdivision (4) of the item relating to discovery and inspection is modified by striking out the words “ in any way relating to Hicks Beach ” and substituting therefor the words “ relating to the proposed purchase of Hicks Beach and the terms thereof.” The examinations and inspections