Opinion
October 11, 1943.
An order herein dated May 21, 1943, granted in part and denied in part the motion of respondent-appellant Ziring for examinations before trial of the plaintiff and the impleaded defendant. A subsequent order dated May 26. 1943, granted a reargument of the motion and on such reargument adhered to the original decision. Plaintiff and the impleaded defendant appeal from so much of both orders as grants the examinations. Defendant Ziring cross appeals from so much of both orders as denies certain items of the proposed examinations before trial. The appeal and cross appeal from the original order are dismissed, without costs. On appeal by plaintiff and the impleaded defendant, order dated May 26, 1943, insofar as appealed from, affirmed, without costs. On appeal by respondent-appellant Ziring, order dated May 26, 1943, modified on the facts by providing, in addition to the items therein allowed, for the allowance of items one, two, three, five, six, seven, eight, nine, ten, eleven, thirteen, nineteen, twenty-three, twenty-five and twenty-six referred to in the notice of motion herein. As so modified, the order, insofar as appealed from, affirmed, with ten dollars costs and disbursements to defendant Ziring against plaintiff and the impleaded defendant. The examinations are to proceed on fifteen days' notice. We are of opinion that the items set forth in the notice of examination are material and that a general examination will clarify the facts and issues to be presented at the trial. Close, P.J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.