In re Alibel Corp.

The only question on this appeal is whether an examination before trial as to income received and expenses paid by the landlord should be limited to the period prior to the return date of a petition for a rent increase in business property.

The petition alleged increased expenses for the year ensuing the date of application. Landlord later sought to withdraw that allegation.

Examination before trial has been ordered as to both income and expenses subsequent to the date of application.

In my opinion the examination at least as to income should be limited to sums received up to the date of the…