Majority
p. 946Robert Colin Co., Inc., Appellant, v. William E. Wolff and Others, Respondents.
Headnote
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 13th day of December, 1916, denying a motion to vacate an order for the examination of plaintiff before trial.The order appealed from should be modified by directing that the words in the order for plaintiff’s examination, “ concerning the matters alleged in the separate answer of the defendants,” be stricken out, and the following inserted in lieu thereof: “concerning the matters alleged in the separate and distinct defenses in the answer of the defendants; ” and as so modified affirmed, without costs. Present — Clarke, P. J., Dowling, Smith, Page and Davis, JJ. Order modified as directed in opinion and as so modified affirmed, without costs. Order to be settled on notice.