Opinion
January, 1932.
Order granting plaintiff's motion for an examination before trial reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The matters concerning which the plaintiff seeks to examine the defendant are immaterial, or involve issues as to which the defendant has the burden of proof. Some of them are admitted by the defendant. Lazansky, P.J., Young, Kapper, Hagarty and Carswell, JJ., concur.