Opinion
November 24, 1953.
Present — Cohn, J.P., Breitel, Bastow, Botein and Bergan, JJ.
Order unanimously modified so as to deny plaintiff the right to examine under items 2(a), 2(b), 3(b), 3(d) 1-2-3, 3(f) 2, 3(k), 3(m), 3(o) and 4, and to limit the records to be produced to those described in items 1, 3, 5, 7 and 9. The order is further modified to provide that the examination under items 3(a), 3(c) 1-2-3, 3(e), 3(f) 1, 3(g), 3(h), 3(i), 3(j), 3(l), 3(n), 6(a), 6(b) and 7 is limited to the two motion pictures described in the complaint. The defendants are to be examined in the first instance by their vice-president or other officer familiar with the facts. The order, as so modified, is affirmed, with $20 costs and disbursements to the appellants. The date for the examination to proceed shall be fixed in order. Settle order on notice.