Opinion
January 31, 1950.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ.;
Order modified by allowing item 2, except that the date August 11, 1943, therein shall be changed to October 29, 1945, when the respondent became executor: and by further allowing item 3. At the examination the respondent shall produce all pertinent books, records and documents of Surrey Motors Corporation in his possession or under his control as an officer of that corporation, to be used in aid of the examination in the manner prescribed by section 296 of the Civil Practice Act. In all other respects the order is affirmed, with $20 costs and disbursements to the appellant.
Dore and Cohn, JJ., dissent and vote to affirm. The date for the examination to proceed shall be fixed in the order. Settle order on notice. [See post, p. 1000.]