Order reversed upon the law, with ten dollars costs and disbursements, and motion to vacate notice of examination denied, with ten dollars costs. No opinion.
Jayeox, Kelby, Young and Kapper, JJ., concur; Kelly, P. J., dissents.Order reversed upon the law, with ten dollars costs and disbursements, and motion to vacate notice of examination denied, with ten dollars costs. No opinion.
Jayeox, Kelby, Young and Kapper, JJ., concur; Kelly, P. J., dissents.