Opinion
April 7, 1952.
In an action by appellants' former sales manager to recover damages for breach of an employment contract, which provides one third of the profits as compensation in addition to salary, order granting examination of appellants and inspection of books and records modified by striking therefrom the fourth and fifth ordering paragraphs; by striking out the word "granted" in the first ordering paragraph and inserting the word "denied" in place thereof; by striking from the third ordering paragraph the words "and it is further," and substituting in place thereof the words "for the purposes set forth in section 296, Civil Practice Act." As thus modified the order, insofar as appealed from, is affirmed, without costs; examination to proceed on five days' notice. The moving papers set forth no statement of facts sufficient as a basis for an exercise of discretion in favor of granting discovery and inspection. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.