Torchio v. Nacirema Operating Co.

Plaintiff appeals from so much of an order as denies his motion for a continuance of an examination before trial of defendant as an adverse party, and from a further order denying his motion for reargument. The first above-mentioned order is modified by striking therefrom the second ordering paragraph and by substituting in lieu thereof a provision to the effect that the examination is to continue upon the issues set forth in items 1 (c) and 2 to 5, inclusive, of plaintiff’s notice of examination before trial, and that the examination shall be of such person or persons as respondent shall…