Opinion
March 31, 1966
Order entered August 31, 1965, denying plaintiff's motion pursuant to CPLR 3126 to strike defendant's answer and for other relief, unanimously modified, on the law and on the facts, to the extent of precluding defendant from offering on the trial testimony of any present employee, except Weslie S. Dinsmore and Emma H. Rand, on the issue of liability, with leave to defendant on discovery of any such employee to move not less than 45 days before the cause appears on the Ready Day Calendar to submit such witness to examination before trial by plaintiff and to be relieved of the preclusion as to such witness; precluding defendant from offering on the trial testimony of any nonemployee on the issue of liability, including the short-order cook and cashier on the premises at the time of the accident, unless defendant notifies plaintiff of the names and addresses of such witnesses 45 days before the cause appears on the Ready Day Calendar; and directing defendant to furnish the plaintiff with the addresses of the witnesses specified on the argument of this appeal. The order, as so modified, is affirmed, with $75 costs and disbursements to appellant. Settle order on notice.
Concur — Botein, P.J., McNally, Stevens, Eager and Steuer, JJ.