25 A.D.2d 742

In the Matter of Schenley Industries, Inc., Respondent, v. Herbert Allen et al., Individually and as Partners Doing Business under the Name of Allen & Co., Appellants.

Order entered February 24, 1966, granting examination of respondents in order to frame a complaint, unanimously reversed, *743on the law and on the facts, with $30 costs and disbursements to respondents-appellants, the motion denied and the application dismissed. In order to obtain an examination to frame a complaint, plaintiff; should present facts fairly-indicating a cause of action against the adverse party. (Cotler v. Retail Credit Co., 18 A D 2d 898.) There is no such showing here.

Concur — -Rabin, J. P., McNally, Stevens and Eager, JJ.

Schenley Industries, Inc. v. Allen
25 A.D.2d 742

Case Details

Name
Schenley Industries, Inc. v. Allen
Decision Date
Apr 28, 1966
Citations

25 A.D.2d 742

Jurisdiction
New York

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