Opinion
October Term, 1903.
Order modified so as to provide: (1) That the examination and inspection in question shall be made at the expense of the plaintiff, by some disinterested person, either to be agreed upon by the parties, or to be appointed upon application to the Special Term. (2) That if, for its convenience, the defendant elects so to do, it shall have the right by service within five days of written notice to that effect, to fix the date at which the said examination shall commence, at any time within sixty days from the filing of this decision. (3) That said examination shall be completed within ten days after it is commenced, exclusive of Sundays and holidays. As so amended, said order is affirmed, without costs. All concurred, except Stover, J., not voting.