In re Janosik

—Order unanimously reversed, without costs, and motion denied. Memorandum: This is an appeal by appellant Virginia Kemp from an order granting applicant Edward Janosik pre-action discovery by way of oral deposition as an aid to enable him to frame a complaint pursuant to CPLR 3102 (subd [c]). The petition upon which the order is based alleges that petitioner believes that he has a cause of action in slander against Virginia Kemp and certain unnamed persons. He wishes to examine Virginia Kemp to determine the dates, times, places and words used by the unnamed persons in order that he can…