Tozai Koeki Kaisha, Ltd. v. Trans-America Industries, Inc.

Order unanimously modified so as to strike out items 1 and 2 as being within the peculiar knowledge of the plaintiff, and by limiting the examination of the appellant to its alleged participation in the transactions, false reports and documents involved. As so modified the order is affirmed. The date for the examination to proceed shall be fixed in the order. Settle order on notice. Present — Peek, P. J., Dore, Callahan, Breitel and Bastow, JJ. [See 283 App. Div. 656.]