Opinion
November 15, 1948.
Action to recover damages for breach of a contract of employment entered into in New York City. Order directing the individual defendant to appear for examination before trial in Kings County affirmed, with $10 costs and disbursements, the examination to proceed on five days' notice. The granting of the motion did not involve an improvident exercise of discretion. ( Drews v. Spencer, 274 App. Div. 802; Rockwell v. Leach Co., 206 App. Div. 632.) Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.