Opinion
March 21, 1967
Order entered November 4, 1966, unanimously modified, on the law and the facts and as a matter of discretion, without costs or disbursements, to vacate plaintiffs' notice of examination with leave to serve a new notice on defendants on completion of the latters' examination. Plaintiffs' notice to examine before trial was served prematurely ( Fund of Funds v. Waddell Reed, 26 A.D.2d 809; Van Valkenburgh, Nooger Neville v. John F. Rider Publisher, Inc., 24 A.D.2d 437). No special circumstances are shown which would overcome defendants' right to priority of examination. Settle order on notice.
Concur — Steuer, J.P., Tilzer, Rabin, McNally and Staley, Jr., JJ.