Opinion
November 10, 1970
Judgment, Supreme Court, New York County entered on January 29, 1970, based upon orders entered on February 27, 1969 and August 20, 1969, unanimously modified, on the law and in the exercise of discretion, without costs and without disbursements, and leave is granted herewith to serve an amended complaint, if so advised, after examination pursuant to CPLR 3102 (subd. [c]). The defendant is entitled to know the specific dates and the amounts of the loans on which plaintiff relies, in order to determine its defenses. In this case, the plaintiff has professed on oral argument, and in her brief, that such information is presently unknown. Under these circumstances, and in order to assist plaintiff in framing a complaint, an examination pursuant to CPLR 3102 (subd. [e]) is permitted. (See Matter of Roland [ Deak], 10 A.D.2d 263; Woolf v. Reed, 19 A.D.2d 814; 3 Weinstein-Korn-Miller, pars. 3102.11, 3102.12, 3102.13, 3102.14.)
Concur — McGivern, J.P., Markewich, McNally and Macken, JJ.