Majority
Headnote
Appeal from Special Term, New York County. Action by Lyon & Healy against the Musical Courier Company. From an order vacating an order for examination before trial and for the production of books, defendant appeals. Reversed, and motion for examination, etc., granted as stated. See, also, 141 N. Y. Supp. 1130 . Edward A. Alexander, of New York City, for appellant. Nathan Burk-an, of New York City, for respondent.Appeal from an order denying defendant’s application for leave to examine plaintiff’s officers before trial, and in connection therewith requiring the production of its books and papers. It is unnecessary to examine the merits of the. appeal in so far as it pertains 'to the right of the defendant to examine the plaintiff’s officers, because upon the argument respondent’s counsel consented, in open court, that the order might be reversed and the motion granted to that extent, provided the production of the books and papers was not directed unless such examination showed same to be necessary. The order appealed from, therefore, is reversed, and the motion granted, without costs to either party, to the extent of directing the examination of Paul Healy, the plaintiff’s president, James F. Bowers, its secretary, and Marquette Healy, its treasurer, concerning the matters relevant to the issues in the action, that said officers be examined in the order named and on different days, and at the conclusion of such examination, if it appears that the production of the books and papers is necessary, then defendant may renew its motion for that purpose.