We think that the proceeding herein against Curran was a special proceeding, and as costs were therein awarded Curran, he. had the right to examine the plaintiff under the order granted herein.
Plaintiff having failed to pay such costs, the remedy, so taken, in our judgment, was not objectionable merely because it was retroactive.
The order must be affirmed, with costs.
Van Wyck, Ch. J., and O’Dwyer, J., concur.
Order affirmed, with costs.