Order reversed, with ten doHars costs and disbursements, and motion granted, with ten
Page 968
dollars costs. Held, that the moving papers do not show that the exami- . nation is necessary to frame a complaint, or that the testimony of the persons to be examined is material and necessary in the prosecution of .the action, issue not having been joined. (See Lane v. Fenn, 123 App. Div. 914.) All concurred.