Opinion
March 14, 1950.
Present — Peck, P.J., Dore, Cohn, Callahan and Van Voorhis, JJ.
Order unanimously reversed, with $20 costs and disbursements to the appellant, insofar as it denies an examination of plaintiff before trial with respect to the preparation and mailing of a letter dated July 20, 1949, claimed to have been written by plaintiff Louis Sill to the Estate of Mary C. Warren, deceased, c/o Henry Czerny, 15 Moore Street, New York 4, N.Y. Such examination of plaintiff is directed to be held before Honorable EDWIN L. GARVIN, Official Referee, and to be accompanied by the production of carbon copies of said letter and any other documents, books or memoranda relating thereto, pursuant to section 296 of the Civil Practice Act. This examination is allowed without prejudice to a further motion for the examination before trial of agents of plaintiff or other witnesses whose testimony may be material and necessary, on establishing that the information sought cannot be elicited from the plaintiff, or a showing of other special circumstances justifying such examination. The date for the examination to proceed shall be fixed in the order. Settle order on notice.