Majority
p. 883George W. Flaacke, as Receiver of Columbia Hosiery Company, Respondent, v. Jerome A. Peck, Appellant.
Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. It is unnecessary for plaintiff to examine defendant in order to obtain information upon which to frame his complaint, as the only information which he lacks is the exact amount of the recovery to he demanded. (Newman v. Porter, 201 App. Div. 335 .) Kelly, P. J., Rich, Jaycox, Kelby and Young, JJ., concur.