The essence of the action is the claimed substantial legal damage sustained by the plaintiffs by reason of the expenditure of vast sums in furtherance of an alleged franchise agreement, which plaintiffs assert was wrongfully terminated by defendant. The information sought is essential to defendant in preparing its ease for trial. (City Messenger Sen. of Hollywood v. Powers Photoengraving Co., 7 A D 2d 213.) Concur — Rabin, J. P., McNally, Stevens and Steuer, JJ.;