In an action to recover damages for libel, the appeal is from an order granting in part plaintiff's motion for an examination of appellant before trial. Order modified on the law and the facts (1) by striking from item 1 of the third ordering paragraph the words "the City of New York, throughout the Counties of Nassau and Suffolk, * * * and in all the other various areas, towns and villages within the Counties of Nassau and Suffolk, and in all the boroughs of the City of New York"; and (2) by striking items 3, 4, and 5 from the third ordering paragraph. As so modified the order, insofar as appealed from, is affirmed, without costs, the examination to proceed on five days' notice. Examination may not be had in a libel action on matters with respect to which the moving party does not have the burden of proof. Johnston, Acting P.J., Adel, Wenzel and MacCrate, JJ., concur; Sneed, J., concurs in result.