Fisher v. Curtis Publishing Co.

Defendants would appear to be entitled to examine the plaintiff despite the fact that the plaintiff has the affirmative of the issues (Borros, Ine., v. Borros Bros274 App. Div. 11). Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion granted. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — • Glennon, J. P., Cohn, Callahan, Shientag and Heffernan, JJ.