Majority
p. 815Phillip W. Phillips, Doing Business under the Firm Name and Style of Empire Contracting & Equipment Company, Respondent, v. John B. Rose and Others, Defendants, Impleaded with William J. McCormack Sand Co., Inc., and Others, Appellants.
Order unanimously modified by striking out items 6 to 9, inclusive, and 11 to 20, inclusive, of the notice of motion, and as so modified affirmed, -with twenty dollars costs and disbursements to the appellants. No opinion. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present—■ Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.