Opinion
January 16, 1950.
Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ. [See post, p. 955.]
This appeal is from a second order for the examination of defendant before trial. The first motion sought an examination in support of allegations of the complaint. The second motion sought an examination as to allegations of a counterclaim interposed by defendant. In the interim plaintiff sought and received a bill of particulars as to the allegations of the counterclaim. The bill appears to be sufficient for the purpose and if plaintiff required an examination as to the counterclaim it should have been sought on the first motion. Duplication of motions under the circumstances should not be entertained. Order, so far as appealed from, unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied.