Opinion
April 26, 1943.
Order granting plaintiff's motion to examine the defendants Mac Gache and Joseph L. Morse before trial modified on the facts by inserting a provision that the examinations shall not proceed until after a decision shall have been made upon defendants' motion for summary judgment, and that thereafter, upon five days' notice, the examinations may proceed. As thus modified, the order, insofar as appealed from, is affirmed, without costs. Under all the facts and circumstances the examinations should proceed as directed above. Hagarty, Carswell, Johnston, Adel and Lewis, JJ., concur.