Majority
p. 755Theresa H. Knuth, Appellant, v. Frederick B. Wrege, Respondent.
Order modified by denying defendant’s motion to vacate plaintiff’s notice of examination of defendant before trial as to subdivisions a, b and c thereof, and as so modified affirmed, without costs. The matters involved in subdivisions a, b and c are part of the plaintiff’s affirmative case, and as to these plaintiff is entitled to an examination of the defendant under section 290 of the Civil Practice Act. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.