Holcomb v. Union Confectionery Machinery Co.

Plaintiff buyer has already furnished defendant seller a detailed bill of particulars substantially giving defendant all the information sought by the examination before trial granted by the order appealed from except possibly as to items 5 and 7 in defendant’s notice of motion for plaintiff’s examination. On this record, in our opinion, it is onerous and presently unnecessary to compel plaintiff to travel round trip across half the continent for this examination before trial.

The order appealed from should be modified to permit defendant to examine plaintiff when plaintiff comes to New York…