Opinion
December 29, 1949.
Appeal from Supreme Court, Washington County.
The order granted defendants' motion for an examination of the plaintiff before trial in a suit for the partition of real property. In the issue joined defendants have denied plaintiff's title. Plaintiff's knowledge, and its source, respecting the real estate prior to her alleged acquisition of title, and her "business" and "her interest in real estate" are irrelevant to the issue and should be excluded from the examination. As to the other matters specified for examination, in view of the record we may not say the Special Term abused its discretion in its allowance. Order modified, on the law and facts, by omitting therefrom the matters firstly and fifthly specified for examination, and as so modified affirmed, without costs. Brewster, Deyo, Santry and Bergan, JJ., concur; Heffernan, J.P., dissents and votes to affirm the order appealed from.