Opinion
October 18, 1943.
Order of the County Court of Nassau County, denying, without prejudice, plaintiff's motion to examine defendants before trial, modified on the law by granting the motion to the extent of directing the examination of defendant Hamera concerning the services rendered by plaintiff pursuant to his retainers, and directing the examination of defendant Terry as to his knowledge that plaintiff was Hamera's attorney at the time he procured the general release. As thus modified, the order is affirmed, with ten dollars costs and disbursements to appellant. While the court was justified in denying the motion insofar as it applied to defendant Allinson, who is in the armed forces of the United States, it should have directed the examination of the defendants Terry and Hamera. Settle order on notice. Close, P.J., Hagarty, Johnston, Taylor and Lewis, JJ., concur.