Opinion
May 19, 1949.
Present — Taylor, P.J., McCurn, Vaughan, Kimball and Piper, JJ.
Order insofar as it grants plaintiffs' motion reversed on the law and as a matter of discretion and plaintiffs' motion denied, without costs; order insofar as it denies defendant's cross motion for judgment on the pleadings affirmed, without costs of this appeal to any party. Memorandum: The examination permitted is too broad in scope and is not limited as to the period of time concerning which the plaintiff is authorized to make inquiry of the defendant's officers, agents and employees. The record does not contain sufficient facts to permit the court to modify the order. If a new application is made the supporting affidavit should state the date, or approximate date when the defendant replaced the regulator, meter, and attachments, and the order should limit the examination from the date when such replacements were made to the time when the explosion occurred. It should further be limited to permit the plaintiffs to inquire into only those matters alleged in paragraph "Seventh" of the complaint. All concur. (The order grants plaintiffs' motion for an examination of defendant as an adverse party before trial and denies defendant's cross motion for judgment on the pleadings.)