Benjamin v. Estate Administration, Inc.

Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements and the motion denied. Defendants’ application for an examination amounts in substance to a request for a cross-examination of the plaintiff before trial. This right may be protected by providing for an open commission if the plaintiff is not to appear at the trial. Present — Martin, P. J., O’Malley, Townley, Glennon and Cohn, JJ.