Opinion
October 26, 1970
Appeal by defendants, as limited by their brief, from so much of an order of the Supreme Court, Westchester County, dated June 6, 1969, as (1) excluded from the pretrial examination of plaintiff Jack Gantz all inquiry as to a certain alleged compromise and as to his transactions and conversations with his attorneys, and limited, in plaintiffs' pretrial examinations, inquiry as to certain representations and as to the financial status of the plaintiff corporation or partnership (rulings on [a] objections to questions propounded to plaintiffs in examinations before trial and [b] the scope of the continuation of the examinations) and (2) designated a Referee to supervise the continued examination. Appeal dismissed, without costs (cf. Tri-State Pipe Lines Corp. v. Sinclair Refining Co., 26 A.D.2d 285). Although we find that the appeal should be dismissed, nevertheless we have considered the points raised by appellants and we also conclude that Special Term's order constituted a proper exercise of its discretion. Hopkins, Acting P.J., Martuscello, Latham, Kleinfeld and Brennan, JJ., concur.