Opinion
June 27, 1963
Order modified by striking therefrom the provision thereof directing the examination of the former employee Robert Hanks (see McGowan v. Eastman, 271 N.Y. 195, 198; Sundell Co. v. Pioneer Bldg.-Loan Sav. Assn. of Troy, 197 Misc. 580), without prejudice to an application, upon a showing of proper and sufficient grounds, for his examination as a witness; and, as so modified, affirmed, without costs. No opinion. Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ., concur.