Opinion
March, 1932.
Order modified by striking therefrom items 1 to 6, inclusive, and as so modified affirmed, without costs; examination to proceed on five days' notice. We are of opinion that there is no necessity for the examination of the plaintiff as to matters contained in items 1 to 6, inclusive. As to items 7 to 14, inclusive, we are of opinion that the exercise of discretion by the Special Term should not be disturbed. ( Oshinsky v. Gumberg, 188 App. Div. 23.) Lazansky, P.J., Hagarty, Carswell, Scudder and Davis, JJ., concur.