
    UNION S. S. CO. v. SHOOTER’S ISLAND SHIPYARD CO.
    (Supreme Court, Appellate Division, First Department.
    December 31, 1908.)
    Appeal from Trial Term, New York County. Action by the Union Steamship Company against the Shooter’s Island Shipyard Company. From an order modifying an order for examination of defendant before trial, both parties appeal. Modified and affirmed. Henry II. Pierce, for plaintiff. Charles J. -Fay, for defendant.
   PER CURIAM.

The order appealed from should be modified, by striking therefrom the provision requiring the production of the defendant’s books, except the cash book and the office pay roll books relating to the work done by the corporation upon the steamship in question. As so modified, the order should be affirmed, without costs, and without prejudice to a further application to examine the other officers of the company, if that shall be found necessary after the examination of the vice president and manager, and also without prejudice to requiring the production of other books by subpoena duces tecum, if their presence at the examination shall be found necessary.  