Milner v. Long Island Daily Press Publishing Co.

In this action to recover damages for libel the complaint alleges the publication in appellant’s newspaper of a *520defamatory article concerning respondent. The answer, in addition to various denials, pleads two partial defenses.

Respondent served a notice that he would examine appellant before trial as an adverse party ‘ ‘ with respect to the relevant and material allegations of fact put in issue by the pleadings ”. Appellant moved to vacate the notice and the motion was denied.

On this appeal appellant contends (1) that the notice of examination failed to specify the matters on which the…