¶1Order unanimously reversed and motion denied, except as to item 5, which defendant has withdrawn. The phrase in question as used in the agreement is ambiguous, and, in any event, defendant is entitled to an examination on items material and necessary to establish his defense. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.
258 A.D. 1039
Gridley v. Gridley
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 1940
Appellate Division of the Supreme Court of the State of New York · decided 1940-02-09
Decided 1940-02-09