Order reversed on the law, without costs, and motion granted, without costs, as to items 1 and 3 to 7 inclusive of the notice to take deposition; but as to item 2 of the notice to take deposition, motion denied, and examination limited to the defense of fraud presented by the 9th paragraph of the answer to the amended complaint. (Oshinsky v. Gumberg, 188 App. Div. 23, 25.) Kelly, P. J., Rich, Jaycox, Manning and Kelby, JJ., concur.