Opinion
May 13, 1959
Appeal from the Erie Special Term.
Present — McCurn, P.J., Williams, Bastow, Goldman and Halpern, JJ.
Order modified by striking therefrom the third ordering paragraph and as modified affirmed, without costs of this appeal to any party. (See decision in companion case of Kubera v. Colorado Fuel Iron Corp. ( 8 A.D.2d 767). Memorandum: In our opinion the granting of the application of the respondent Eichleay Corporation to examine the plaintiff was an improvident exercise of discretion inasmuch as an identical motion had been denied by a court of co-ordinate jurisdiction. All concur.