Majority
p. 834
Wesley A. Sturdevant, Appellant, v. Graham Home for Old Ladies, Respondent, and The Dime Savings Bank of Brooklyn, Defendant.
Order granting motion to vacate notice of examination before trial reversed on the law and the facts and motion denied, without costs; examination to proceed on five days’ notice. Information as to the items concerning which the examination is sought is material and necessary to the plaintiff’s case. Lazansky, P. J., Kapper, Carswell, Seudder and Tompkins, JJ., concur.