Opinion
October, 1927.
Order of the County Court of Nassau county, denying defendant Weiser's motion to vacate notice of examination before trial, reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Defendant Weiser has the affirmative upon the issues as to which the examination is sought, and plaintiff is not, therefore, entitled to the examination. Kelly, P.J., Young, Kapper, Lazansky and Hagarty, JJ., concur.