Majority
p. 804Harry M. Wilner, Appellant, v. Guaranty Trust Company of New York, Respondent.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, and the case restored to the day calendar for trial on the first Monday in May, 1925. This order is peremptory, and if defendant desires to avail itself of the taking of testimony by commission it must be prepared to have the commission executed by that date. Settle order on notice. Present — Clarke, P. J., Dowling, Finch, Martin and Burr, JJ.