Majority
p. 769David W. Keen, Appellant, v. Joseph Spatt, Respondent, and Isidor Jacobs and Others, Defendants. (Appeal No. 2.)
Order granting in part the motion of defendant Spatt to vacate notice of examination before trial reversed upon
p. 770
the law, in so far as appealed from, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon authority of McGrath v. Blumenthal ( 220 App. Div. 781 ). Lazansky, P. J., Rich, Young, Seeger and Carswell, JJ., concur.