Opinion
Argued March 31, 1958 —
Decided April 28, 1958.
Mr. Robert Schur (of the New York Bar) argued the cause for plaintiff-respondent ( Messrs. Leavitt, Talley Krevsky, attorneys; Mr. Fayette N. Talley, of counsel).
Mr. Harry A. Margolis argued the cause for defendant-appellant ( Mr. Max L. Rosenstein, attorney).
Examination of the record presented to us does not disclose any basis for a determination that the trial court mistakenly exercised his discretion in granting the qualified order for the taking of the deposition of the plaintiff.
The order is affirmed.
For affirmance — Chief Justice WEINTRAUB, and Justices HEHER, WACHENFELD, BURLING, JACOBS, FRANCIS and PROCTOR — 7.
For reversal — None.