U.S. Ice Cream Corp. Et Al. v. Carvel Corporation

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court,
Westchester County (Nastasi, J.), entered November 9, 1990, which granted the motion of the defendant Carvel Corporation to
strike the plaintiffs' sixth notice for discovery and inspection and denied their cross motion to compel disclosure. Ordered that the order is reversed, as a matter of discretion, with costs, the motion of the defendant Carvel Corporation
to strike the plaintiffs' sixth notice for discovery and inspection is denied, the plaintiffs' cross motion to compel disclosure
is granted, and the defendant Carvel Corporation shall comply with the plaintiffs' sixth notice for discovery and inspection
within 30 days of service upon it of a copy of this decision and order, with notice of its entry.