(See Meinhard v. Salmon, 249 N.Y. 458.) Under the circumstances disclosed here, the plaintiff is entitled to the order almost as a matter of course. ( Cohn v. Hessel, 95 App. Div. 548; Insurance Co. of N.A. v. Bernard, 222 id. 512; Angel v. Del Fungo-Giera, 208 id. 740; Bell v. Gilbert Paper Co. and Gilbert v. Gilbert Paper Co., 117 Misc. 610; affd., 201 App. Div. 867, 868.) The defendants' counsel argues that the moving papers do not comply with rule 122 of the Rules of Civil Practice in that they fail to state in definite words that the testimony of the persons to be examined is material and necessary for the prosecution of the action.