Opinion
December 29, 1942.
Present — Hill, P.J., Bliss, Heffernan, Schenck and Foster, JJ.
Plaintiff appeals from an order directing an examination before trial of its managing agent with respect to the use of certain real property owned by it and situated in the town of Lansing, Tompkins county; and for the production of its books concerning the same. Plaintiff claims exemption from taxation for such property under section 4, subdivision 6, of the Tax Law (Cons. Laws, ch. 60), and has brought an action to have certain assessments and tax liens against the premises declared illegal and void. Defendants deny that the property in question is used exclusively for charitable or educational purposes, and seek to examine plaintiff through its agent for the purpose of establishing their defense. Order unanimously affirmed with ten dollars costs.