Opinion
June, 1934.
Present — Finch, P.J., Merrell, Martin, O'Malley and Untermyer, JJ.; Merrell and Martin, JJ., dissent on the authority of Shaw v. Samley Realty Co. ( 201 App. Div. 433); Welling v. Kugel (215 id. 770). The date for the examination to proceed to be fixed in the order. Settle order on notice.
Order so far as appealed from modified by granting motion to vacate the notice of examination except as to items 1 and 2, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. (See Pring v. Thorp, 168 App. Div. 887; Mason v. N.Y. Review Pub. Co., 154 id. 651.)