Opinion
November, 1907.
Present — Patterson, P.J., Ingraham, Clarke, Scott and Lambert, JJ.
The order appealed from must be so modified as to strike out of the order for defendant's examination so much as directs him to produce for inspection certain books and papers. ( Gee v. Pendas, 87 App. Div. 157; Matter of Sands, 98 id. 148.) As so modified, the order will be affirmed, without costs.
Order modified as stated in opinion, and as modified affirmed, without costs. Settle order on notice.