Order, dated October 10, 1940, denying plaintiff’s motion for an examination of defendant before trial as to certain allegations of the complaint affirmed, without costs. Our determination in Pepsi-Cola Company v. The Coca-Cola Company, Appeal No. 2 (261 App. Div. 927), decided herewith, affords the plaintiff the relief • sought on the within motion. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.