Opinion
January 28, 1958
Order appealed from is modified to the extent of permitting the defendant to take the testimony of plaintiff by written interrogatories or by oral examination at least 20 days before trial, when plaintiff is in New York, notice of such presence to be given by plaintiff's attorneys to defendant's attorneys, and, as so modified, affirmed, with costs to the appellant. Settle order.
Concur — Botein, P.J., Valente, McNally, Stevens and Bergan, JJ.