Opinion
January 22, 1962
In an action to recover for work, labor and services, the defendant appeals from an order of the Supreme Court, Queens County, entered May 9, 1961, which denied its motion to vacate plaintiff's notice to examine it (defendant) before trial and which directed it to appear and submit to such examination. Order affirmed, with $10 costs and disbursements. No opinion. The examination before trial of the defendant shall proceed at the place specified in the order, on 10 days' written notice given by plaintiff to defendant or on any date mutually fixed by the parties. Beldock, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.