In re Durey to Perpetuate the Testimony of Whitman

Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted and the following question certified: “ Is the respondent’s petition sufficient to sustain an order permitting him to take the testimony by deposition of Truman J. Whitman under article 31 of the Civil Practice Act?” Present — Van Kirk, P. J., Hinman, Davis, Whitmyer and Hill, JJ.