Opinion
April 15, 1940.
On appeal by defendants from so much of an order as vacates a notice of examination before trial in respect to items "1," "2," "3," "5," "6," "7," "8," "9" and "10," order, in so far as appealed from, modified by striking out the words "except Item 4 which is allowed" in the first ordering paragraph and substituting in lieu thereof the following: "except Items 4 and 6 which are allowed," and by striking out the words "Item 4" in the second ordering paragraph and substituting in lieu thereof "Items 4 and 6," and, as so modified, affirmed, without costs; examination to proceed on five days' notice. No opinion. Lazansky, P.J., Hagarty, Adel, Taylor and Close, JJ., concur.