Opinion
November 16, 1955.
Appeal from Supreme Court, Fulton County.
Present — Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ.
The action is in equity, involving a dispute over rights of way. Plaintiffs allege, among other things, that defendant William Eaton forged certain language in a deed. We cannot agree that, under the voluminous pleadings herein, the forgery is the only issue. The matters upon which the examination was allowed are, or at least could become, material and necessary. In an equity action no harm can come from a broad examination of a party, and the trial will be materially shortened to the extent that the facts are developed beforehand. Under the circumstances presented in this case it was within the discretion of the court at Special Term to grant the order appealed from. Order unanimously affirmed, with $10 costs.