Opinion
April 22, 1952.
Present — Peck, P.J., Cohn, Van Voorhis, Shientag and Heffernan, JJ.
The requirement of the order that plaintiff travel 4,000 miles for an examination before trial is onerous and likely unnecessary. The demand for a bill of particulars covering the same items may prove sufficient and if not the defendant, if so advised, may seek an examination of plaintiff on written interrogatories. If the plaintiff should come to this country for the trial or for any reason, prior to trial, the defendant should be advised appropriately beforehand and accorded the opportunity of conducting the examination directed. The order, accordingly, is unanimously modified, with $10 costs and disbursements to the appellant. Settle order on notice.