Opinion
May 6, 1952.
Present — Peck, P.J., Callahan, Van Voorhis, Heffernan and Bergan, JJ.
Order unanimously modified so as to permit examination before trial of plaintiff concerning whatever he knows about the documentary evidence described in defendant's cross notice of motion for a discovery and inspection concerning Ursula Girardon's release asked for under item "15" and concerning the facts underlying plaintiff's authority to act as ancillary administrator under items "17" and "18" and, as so modified, affirmed, with $20 costs and disbursements to appellant. (See Tolnai v. Craven, 279 App. Div. 891.) Settle order on notice.