Opinion
March, 1928.
Order granting in part the motion of defendant Spatt to vacate notice of examination before trial reversed upon the law, in so far as appealed from, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon authority of McGrath v. Blumenthal ( 220 App. Div. 781). Lazansky, P.J., Rich, Young, Seeger and Carswell, JJ., concur.