Opinion
October 1, 1943.
Present — Martin, P.J., Glennon, Untermyer, Dore and Cohn, JJ.
On plaintiff's consent the order appealed from should be modified so as to conduct the examination of defendant Caterpillar Tractor Company before trial by written interrogatories in the first instance on all the items mentioned in the notice of motion except that items 6 and 7 shall be restricted to the crate or crates in issue. Order unanimously modified accordingly and as so modified affirmed, without costs. No opinion. Settle order on notice.