Opinion
October 17, 1967
Order entered September 5, 1967, unanimously modified on the law and on the facts to limit the scope of the examinations to the three-year period beginning October 18, 1963, and as modified the order is affirmed, with $30 costs and disbursements of this appeal to the plaintiff-respondent. Costs incurred in connection with the determination of the question of jurisdiction are to be paid to the successful party, with respect of that issue. While we affirm the order directing the examinations, we hold that the scope of the examinations should be limited to a period of three years prior to the date of the service of the summons, i.e., three years prior to October 18, 1966.
Concur — Botein, P.J., Stevens, Steuer, Capozzoli and Rabin, JJ.