Order so far as appealed from reversed on the law, without costs of this appeal to either party, and motion denied, without costs. See memorandum filed in companion case {Tout v. Logan, ante, p. 820), decided herewith. All concur, except Taylor, J.., who dissents and votes for affirmance. (The portion of the order appealed from grants a motion to vacate plaintiff’s notice of examination of an officer of defendant bank before trial.) Present — ■ Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.