Opinion
October 2, 1951.
Present — Peck, P.J., Glennon, Dore, Cohn and Shientag, JJ.
Order unanimously modified to the extent of striking out the date set for the trial and, as so modified, affirmed, with $20 costs and disbursements to the appellants (Rules of Special Term, Supreme Court, New York County, Rule III, subd. 9). Moreover, we have decided in a companion motion that defendants were entitled to the issuance of a commission to take testimony in France on interrogatories. The trial, in no event, should be had until the return of the commission. Settle order on notice.