Opinion
October 17, 1949.
In an action to recover damages for libel, order granting defendant's motion to vacate plaintiff's notice of examination before trial is modified as follows: By striking out the decretal paragraph and inserting in place thereof a provision granting the motion to the extent of striking from the second item of examination the words "together with the names and identities of any person or persons giving him access to or showing him, said affidavit or copy or extract thereof;" and striking from the third item of examination the words "The names and identities of any person or persons with whom he spoke on or before August 18, 1948, for the purpose of obtaining information concerning details of and the facts surrounding the aforesaid separation action, and the substance of any such conversation or conversations, together with". As thus modified, the order is affirmed, without costs, the examination to proceed on five days' notice. No opinion. Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur. [ 195 Misc. 869.]