Opinion
October 25, 1943.
Defendant appeals from an order denying in part his motion to vacate a notice of examination before trial. Order modified on the law by inserting a provision granting the motion as to the following additional items of the notice of examination: "1", "2", "3", "4", "5", "7", "9", "10", "15", and "22". As so modified, the order, insofar as appealed from, is affirmed, with ten dollars costs and disbursements to appellant, the examination to proceed on five days' notice. The items struck out are as to matters not in issue here and an examination before trial as to them should not be allowed. Close, P.J., Carswell, Johnston, Taylor and Lewis, JJ., concur.