Berk v. Transit Building, Inc.

Order denying defendant’s motion to vacate plaintiff’s notice of examination before trial of defendant, appellant, as an adverse party unanimously affirmed, with twenty dollars costs and disbursements. No opinion. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present—Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.