Opinion
May 23, 1960
In an action for slander, the plaintiff appeals from an order of the Supreme Court, dated September 8, 1959, granting defendant an additional examination before trial of the plaintiff; the first examination having been held December 23, 1958. In the interval, pursuant to court order, plaintiff, in a bill of particulars, had furnished to defendant certain information which it is claimed plaintiff had declined to give on his first examination. Order affirmed, with $10 costs and disbursements. ( Purvin v. Grey, 275 App. Div. 688.) The additional examination shall be held on 20 days' notice or on a day mutually fixed. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.