Opinion
March 22, 1950.
Present — Taylor, P.J., McCurn, Love, Vaughan and Piper, JJ.
Order modified by striking from the first ordering paragraph thereof the following items, 1, 2, 3, 6, 9, 10, 11, and 12, by modifying item 8 by inserting the word "corporate" before the word "meetings" in the first line thereof, and by modifying the third ordering paragraph thereof to read as follows: "ORDERED that upon the taking of such testimony by deposition before trial, as hereinbefore provided, the defendant, Schaffer Stores Co., Inc., be and it is hereby ordered, directed and required to produce upon said examination such books and records as pertain to the examination permitted", and, as so modified, the order is affirmed, without costs of this appeal to either party. Time for the examination set for April 5, 1950, at 11:00 o'clock in the forenoon of that day, and on such other dates as may be fixed by the Referee. All concur. (The order appealed from grants plaintiff's motion for an examination of defendant before trial.)