Opinion
January 15, 1943.
Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.
Order entered September 19, 1942, unanimously modified by denying the cross-motion of the corporate defendant for an examination before trial as to items 14, 15, 20, 21, that part of item 11 beginning with the words "in order to destroy the reputation" and continuing to the end of said item, that part of item 12 reading: "and were maliciously uttered and were false and defamatory," the phrase of item 16 reading "That as part of said scheme and for said purpose," the phrase of item 18 reading "That in pursuance of said scheme as aforesaid and for the purpose thereof" and the phrase of said item reading "by false and malicious statements;" and as so modified affirmed with ten dollars costs and disbursements to the plaintiff. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice.