Opinion
March 14, 1941.
Present — Martin, P.J., O'Malley, Townley, Untermyer and Dore, JJ.; Untermyer, J., concurs in result. The date for the examination to proceed to be fixed in the order. Settle order on notice.
Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements, and motion denied. (See Miller v. Union Indemnity Co., 209 App. Div. 455; 211 id. 840; affd., 240 N.Y. 627.)