Opinion
September, 1930.
Order and order on reargument reversed upon the law and the facts, with ten dollars costs and disbursements, and motion for a commission for the examination without the State of the defendant, by Michael J. Daley, its president, and of Michael J. Daley as a witness for the plaintiff, granted, without costs. The denial of the relief sought was an erroneous exercise of discretion amounting to an abuse thereof. Lazansky, P.J., Rich, Young, Scudder and Tompkins, JJ., concur.