Paliotto v. Hartman
| Decision Date | 29 October 1956 |
| Parties | Angelo J. PALIOTTO, Respondent, v. Sylvia HARTMAN, also known as Sunny Hartman, also known as Sunny Gurian, also known as Miss Lee, also known as Mrs. Angelo J. Paliotto; Marcella Berlin and Max Friedman, Appellants. |
| Court | New York Supreme Court — Appellate Division |
Howard I. Brenner, New York City, for appellants.
Angelo, J. Paliotto, New York City, for respondent.
Before NOLAN, P. J., and WENZEL, UGHETTA, HALLINAN and KLEINFELD, JJ.
MEMORANDUM BY THE COURT.
Action to recover damages for alleged injuries to respondent's good name and reputation by reason of an alleged conspiracy between the appellants pursuant to which certain false and slanderous statements were made and published by one of the appellants. The appeal is from so much of an order as permits the examination of appellants upon the items set forth in the order, and as provides for the production of books, records and documents, and the inspection of the same by respondent.
Order modified by striking therefrom the seventh ordering paragraph. As so modified, order, insofar as appealed from, affirmed, without costs.
The granting of the examination before trial and the direction to produce books, records and documents in possession of the appellants relating to the issues were within the discretion of the Special Term, Civil Practice Act, §§ 288, 292, 296, and we find no improvident exercise of such discretion in this instance. It does not appear, however, that the pictures sought to be discovered have any relation to the issues raised by the pleadings. The court has no power to order a discovery and inspection except as to books, documents or other papers, or articles or property relating to the merits of the action. Civ.Prac.Act, § 324.
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Allen v. Crowell-Collier Pub. Co., CROWELL--COLLIER
... ... a wide discretion to decide whether information sought is 'material and necessary' to the prosecution or defense of an action (see, e.g., Paliotto v. Hartman, 2 A.D.2d 866, 156 N.Y.S.2d 220) but that discretion is not unlimited. Where, as here, an issue exists as to whether there has been an ... ...
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Schuster v. City of New York
... ... as to books, documents or other papers or articles of property which relate to the merits of the action (Civil Practice Act section 324; Paliotto v. Hartman, 2 A.D.2d 866, 156 N.Y.S.2d 220). They must be evidence themselves, and are not subject to inspection merely because they will suggest or ... ...
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Canter v. American Cyanimid Co.
... ... Lemon v. Supreme Court, supra. The papers sought in items numbered 16 through 20 do not relate to the merits of the action. Paliotto v. Hartman, 2 A.D.2d 866, 156 N.Y.S.2d 220. Only invoices which pertain to shipments of the vaccine sold to plaintiff have relevancy and these, it ... ...
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Prieston v. Nea Service, Inc.
... ... Kaye, 2 A.D.2d 889, 156 N.Y.S.2d 238); that they are relevant to particular issues in the case (Paliotto v. Hartman, 2 A.D.2d 866, 156 N.Y.S.2d 220); and that they will be admissible in evidence on trial (Milberg v. Lehrich, 2 A.D.2d 860, 156 N.Y.S.2d ... ...