Opinion
March 29, 1948.
Action to recover broker's commissions. The order appealed from grants plaintiff's motion to examine before trial a witness who was the agent of the defendant corporation, a son of its president, and owner with another of all its stock, at the time the transactions involved in the action took place. Order affirmed, with $10 costs and disbursements, the examination to proceed on five days' notice. ( Mazzetti Corp. v. Blank [ No. 2], 231 App. Div. 737; Laruffa v. Astarita, 264 App. Div. 785; Farber v. DeBruin, 253 App. Div. 909; De Luca v. Kerwin, 239 App. Div. 850; Amsterdam v. Mandel, 273 App. Div. 895. ) Lewis, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur. [ 190 Misc. 700.] [See post, p. 1008.]