Kessler v. Great Kills Beach Corp.

Order denying defendant’s motion to vacate plaintiff’s notice to examine defendant before trial, and directing its president to appear for examination, modified by providing therein that paragraphs 5, 6, 7, 8 and 10 be stricken from the notice, and as so modified affirmed, without costs. The matters contained in paragraphs 5, 6, 7 and 10 are admitted in the pleadings, and, therefore, the examination of defendant concerning them is unnecessary. The matter contained in paragraph 8 involves the mental attitude of the plaintiff, about which, of course, defendant knows nothing. Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.