Majority
p. 840Inwood Farms, Inc., Appellant, v. Thaddeus Davis and Antonio J. Mercurio, Copartners, etc., and Others, Respondents.
Order vacating notice of examination before trial reversed upon the law and the facts, with ten dollars costs and disbursements, and motion to vacate denied, with ten dollars costs, upon the ground that the record shows that the examination is necessary and material. Young, Kapper and Lazansky, JJ., concur; Kelly, P. J., and Hagarty, J., dissent. Settle order on notice.