Opinion
November 13, 1951.
Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ.
Appellant in the exercise of discretion should have been allowed to take the testimony upon commission of its president, Gregor Rabinovitch. Trial of the action is stayed upon defendant's motion until January 15, 1952. The order appealed from is unanimously reversed, with $20 costs and disbursements, and the defendant's motion granted. Settle order on notice.