June 20, 1951.
Present — Peck, P.J., Dore, Cohn, Callahan and Van Voorhis, JJ.
Two orders were entered March 19, 1951, vacating plaintiff's notices of examination before trial of defendants as executors of the last will and testament of Henry A. Schatzkin, deceased. Reargument was granted and the original determination adhered to in an order entered April 13, 1951. These orders from which plaintiff has appealed are hereby modified so as to permit their examination as adverse parties with respect to the genuineness of the signature of said decedent upon the documents in suit, and with respect to the identification of the relevant books, records and documents of the decedent coming into their possession. No determination is made with reference to the procedure necessary to compel production of such papers, but only with respect to the permitted scope of the oral examination. The deposition of William Schatzkin as such executor should be taken before the court, as in the case of the notice of deposition of Marion Huntington Schatzkin as executor, instead of before Thomas Capek, who is associated with the attorneys for plaintiff-appellant. As so modified, the orders appealed from are affirmed. Settle orders on notice.