Opinion
December 22, 1942.
From an order granting plaintiff's motion to examine the defendant upon certain items set forth therein, and to direct defendant to produce its books and records, the defendant appeals. Order modified on the law (a) by striking out item 1; (b) by limiting item 8 to the production of the agreement therein referred to; and (c) by limiting that part of the order which directs the defendant to produce its books and records to the production of such books and records as are pertinent to the examination. As thus modified, the order is affirmed, without costs, the examination to proceed on five days' notice. No opinion. Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.