Opinion
January 14, 1952.
In an action to set aside the transfer of the assets of defendant British Bicycle and Motor Co., Inc., to defendant Sodeco Trading Corp., and for other relief, defendants Samaan and Beier, allegedly residents of Florida, and the corporate defendants, appeal from an order directing their examination before trial in Kings County. Order modified on the law by striking out item "24" allowed therein and by inserting a provision that said item is denied, and as so modified the order, insofar as appealed from, is affirmed, without costs; the examination to proceed ten days prior to the date upon which the case will appear on the reserve calendar. The substance of item "24" was admitted by the pleadings. On the facts presented, the granting of the motion in other respects did not involve an improvident exercise of discretion. (Cf. Bennett v. Harrisville Combing Mills, 274 App. Div. 936.) Nolan, P.J., Carswell, Adel, MacCrate and Schmidt, JJ., concur.