Opinion
March 22, 1939.
Appeal from an order denying a motion for leave to examine, before trial, certain employees of a municipal corporation. Order reversed, on the law and facts, and examination before trial in all respects granted. Date and place of examination to be fixed by the Special Term. Rhodes, Crapser and Heffernan, JJ., concur; Hill, P.J., and McNamee, J., dissent, on the authority of Davidson v. City of New York ( 221 N.Y. 487); Bush Terminal Co. v. City of New York (259 id. 509).