Order, so far as appealed from, unanimously modified to direct the examination of the defendants as to notice of the alleged condition set forth in item (d) of the notice of motion and to direct the production of books and records relating to said item for use pursuant to section 296 of the Civil Practice Act, and as so modified affirmed. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Martin, P. J., Giennon, Cohn, Callahan and Peck, JJ.