Opinion
November 8, 1961
In consolidated actions arising out of a contract for the purchase and sale of real property in Rockland County, in which the plaintiff seeks to recover its down payment of $3,000 by reason of the defendant corporation's breach of the contract, and in which the defendant corporation seeks to recover damages of $40,000 by reason of plaintiff's breach of the contract, the plaintiff appeals from an order of the Supreme Court, Rockland County, dated and entered September 25, 1961, denying its motion to examine the corporate defendant before trial. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.