Opinion
October 16, 1951.
Present — Peck, P.J., Glennon, Dore, Cohn and Shientag, JJ.
Order for examination before trial unanimously modified by striking therefrom items 3, 4, 5, 6 and 11, and by striking from the order requiring production of books and papers for use on the examination, pursuant to section 296 of the Civil Practice Act, the requirement that the defendant produce the reports of its investigators and, as so modified, affirmed, with $20 costs and disbursements to the appellant. The plaintiff is not entitled to a limited inspection of such reports or to have them produced for the purposes prescribed by section 296 of the Civil Practice Act. The date for the examination to proceed shall be fixed in the order. Settle order on notice.