Majority
p. 763Katherine Ruth Malone, Respondent, v. James Patrick Malone, Appellant.
Order as resettled, in so far as appealed from, denying defendant’s motion to vacate notice of examination before trial, reversed upon the law and the facts, without costs, and motion granted, without costs, upon authority of Fried v. Fried ( 230 App. Div. 708 ). Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.