Majority
p. 698Harry G. Woodworth and Others, Copartners, Doing Business under the Firm Name and Style of Woodworth, Lounsbery & Co., Appellants, v. Robert A. Sasseen, Respondent. (Appeal No. 1.)
Order denying motion to vacate notice of examination before trial affirmed, with -ten dollars costs and disbursements.
p. 699
Examination to proceed on five days’ notice. No opinion. Rich, Kapper and Seeger, JJ., concur; Lazansky, P. J., and Young, J., dissent upon the ground that issue has not been joined as to the counterclaim and that the notice of examination was premature.