Opinion
March 25, 1952.
Present — Peck, P.J., Glennon, Dore, Van Voorhis and Shientag, JJ. [See post, p. 1052.]
On this oral claim by plaintiffs against defendant for the sale of plaintiffs' interest in a Shanghai corporation, defendant is entitled to examine plaintiffs on the items in question, all of which are material and necessary. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. The date for the examination to proceed shall be fixed in the order. Settle order on notice.