Sommers v. New York World-Telegram Corp.

In a Ebel action examination should not be ordered on matters upon which the movant does not have the burden of proof (McDougall V. News Syndicate Co., 275 App. Div. 1052); nor should a party be examined upon matters not arising from the pleadings (Johansen v. Gray, 279 App. Div. 108). Adel, Wenzel and MacCrate, JJ., concur; Johnston, J., concurs in the modification insofar as it strikes out items 1 and 2 of the first ordering paragraph and refuses the examination with respect to such items, but dissents from the modification insofar as it strikes out the third ordering paragraph and items 3…