ERBE v. LINCOLN ROCHESTER TRUST COMPANY

Order modified by striking therefrom the third ordering paragraph thereof and inserting in place therof the following: "Ordered that such examination and production are hereby allowed upon ten days' notice by the plaintiffs specifying the time, the place within the City of Rochester, and the person before whom they shall be held", and as so modified the order is affirmed, with $10 costs and disbursements to the appellant. Memorandum: The Special Term Justice improvidently exercised his discretion in directing that the examination of defendant Lincoln Rochester Trust Company be held after the service of an additional or supplemental bill of particulars. An immediate examination should expedite and hasten disposition of the case and the determination of the issues, which has already been too long delayed. All concur, Goldman, J., not participating.