Opinion
May 18, 1949.
Present — Taylor, P.J., McCurn, Vaughan, Kimball and Piper, JJ.
Order insofar as it grants an examination before trial reversed on the law and motion denied, with $10 costs, and order insofar as it directs plaintiff to serve a verified bill of particulars affirmed, with $10 costs and disbursements to the defendant John Deere Plow Company of Syracuse, Inc. Bill of particulars to be served within ten days after service of a copy of the order herein. Memorandum: The matters upon which an examination of appellant-respondent is sought are not shown to be material and necessary to the prosecution of the action. All concur. (The order grants an examination of defendant John Deere Plow Company before trial and directs plaintiff to serve within ten days after such examination a verified bill of particulars as to certain allegations.)