Opinion
November 30, 1961
Appeal from the Erie Special Term.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Order insofar as appealed from unanimously modified to provide for an examination in accordance with the notice given except as to the plaintiff's "relations with her own husband" at certain times, and as to that matter the notice is vacated, and as so modified the order is affirmed, without costs of this appeal to either party. Memorandum: Under rule 121-a of the Rules of Civil Practice there is broad latitude for examination of an opposing party. The order herein limits the examination contrary to the rule. It should be modified as indicated in the decision.