
    The People of the State of New York, Plaintiff, v. The Lincoln Spring Company, Defendant. The People of the State of New York, Plaintiff, v. New York Carbonic Acid Gas Company, Defendant. The People of the State of New York, Plaintiff, v. The Geyser Natural Gas Company, Defendant.
    (Supreme Court, Saratoga Special Term,
    September, 1909.)
    Discovery and inspection — Examination of party before trial — Eight to remedy — Examination at instance of adverse party — When allowed in general — Whére party applying has announced himself ready for trial; Where party has been subpoenaed.
    Where an order 'has been granted for the examination of a corporate defendant before trial, and it appears that the plaintiñ, when the cause was first called for trial, announced itself ready to proceed, and it is not controverted that the officers whose examination is sought have been subpoenaed to attend as witnesses at the trial, an order for the examination of the defendant should be vacated. ' ’ '
    Motion to vacate an- order to' examine the officers of defendants before trial.
    
      Edward F. O’Malley, Attorney-General (Charles C. Lester and Rockwood, McKnight and McKelvey, of counsel), for plaintiff.
    Edgar T. Brackett, for defendants.
   McLaughlin, J.

The fact is not disputed that the plaintiff in each of the above cases, when the same was first called for trial, announced itself ready to proceed, and, on the argument of these motions, the fact was not disputed or controverted in any way that each of the officers whose examination was sought had been subpoenaed to attend as a witness at the trial of the actions. This being so T do not see the necessity of an examination prior to the trial. The facts sought to be proved by the examination can, so far as appears, be established by these officers when sworn as witnesses at the trial. If, however, it shall then appear that an examination is necessary, in order to properly present the plaintiff’s case, an application may be made to the "learned justice sitting at the trial.

It seems to me, therefore, the orders permitting the examination should be vacated, without prejudice to the plaintiff’s right to apply, at or during the course of the trial, to the learned justice presiding at the trial for the examination of these same officers or any of them, upon other or additional papers.

. Each motion is, therefore, granted, with ten dollars costs.

Motion granted, with ten dollars costs.  