Majority
p. 543Ernest J. Thorill, Respondent, v. Rollin Hills, Appellant.
In an action against a physician for malpractice, order denying defendant’s motion to vacate notice of examination modified by striking out items 1 and 6 and by striking out the word “ negligently ” in items 3, 4 and 5, and the words “ ignorantly and negligently ” in item 7, and as so modified affirmed, without costs; the examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Scudder, Tompkins, Davis and Johnston, JJ., concur. [See ante, p. 536.]