Opinion
June 28, 1944.
Present — Cunningham, P.J., Taylor, Dowling, Harris and McCurn, JJ.
Decree affirmed, without costs of this appeal to any party. All concur, except Dowling, J., who dissents and votes for reversal and for a new hearing on the authority of Simon v. Wheel Chair Home for Incurables ( 267 App. Div. 938). (The decree dismisses the petition in a discovery proceeding.)