Opinion
March 31, 1947.
Present — Martin, P.J., Glennon, Dore, Cohn and Peck, JJ.; Martin, P.J., and Dore, J., dissent and vote to affirm. Settle order on one day's notice.
Order reversed, with $20 costs and disbursements to the appellants, and the motion granted. The defendant in a libel case has the right to examine plaintiff before trial in aid of the affirmative defenses set forth in the answer. ( Billingsley v. Better Business Bureau of New York City, Inc., 231 App. Div. 802; Niehoff v. Star Co., 134 App. Div. 473.) The examination shall be held not later than April 7, 1947, and shall be completed by April 10, 1947.