SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 15, 1968
IMPALA ELECTRONICS, INC., APPELLANT,
RIKER VIDEO INDUSTRIES, INC., RESPONDENT
Beldock, P. J., Christ, Rabin, Munder and Martuscello, JJ., concur.
We agree with the denial of the motion for summary judgment since sufficient factual questions exist on plaintiff's claims. So far as the notice to examine is concerned, it was very broad, and in view of the allegations of the counterclaims the denial of a protective order was an improvident exercise of discretion. Since the substantial allegations in the counterclaims were on information and belief, we are of the opinion that a protective order should have been granted.
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