Opinion
May 19, 1954.
Present — McCurn, P.J., Vaughan, Kimball, Piper and Wheeler, JJ.
Order affirmed, with $10 costs and disbursements. Memorandum: The procedural change permitted under rule 121-a of the Rules of Civil Practice is inapplicable to enlarge the scope of examination beyond the scope allowed by a former order of examination granted prior to the time rule 121-a became effective. ( People ex rel. Central New England Ry. Co. v. State Tax Comm., 261 App. Div. 416, 418; Matter of Potter, 106 Misc. 113, 115; Matter of Berkovitz v. Arbib Houlberg, 230 N.Y. 261, 270; Lawson Co. v. Browne, 180 Misc. 1000; D'Apice v. Standard Oil Co. [N.J.], 203 Misc. 527.) Rule 121-a does not enlarge the extent of examinations permitted under section 288 of the Civil Practice Act as set forth in previous decisions of this department. All concur.