Kleinfield v. Katz , 38 N.Y.S.2d 405 ( 1942 )

In our opinion the questions to which objections were made were within the scope of said respondent’s examination as ordered by the court, and they are relevant to the issues. The competency and materiality of the evidence are matters to be determined by the trial court. (Antun, Inc., v. Viola, 235 App. Div. 816; Brown v. Bedell, 232 App. Div. 158; Guenther v. Ridgway Co., 159 App. Div. 74.) Lazansky, P. J., Johnston, Taylor and Close, JJ., concur; Carswell, J., not voting.