Majority
p. 646Fashionette Dress Co., Inc., Proposed Plaintiff, Respondent, v. David Mintz, Proposed Defendant; “Mary” Friedman, First Name of Defendant Being Fictitious, True First Name of Defendant Being Unknown to Proposed Plaintiff, Proposed Defendant; Nettie Friedman, Mentioned as “Mary” Friedman, etc., Proposed Appellant.
Order denying the proposed defendant Friedman’s motion to vacate an order directing her deposition be taken in order to enable the proposed plaintiff to frame a complaint affirmed, with ten dollars costs and disbursements; the examination to proceed on five days’ notice. No opinion. Lazansky, P. J., Young, Johnston, Adel and Taylor, JJ., concur.