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p. 1058First Department, December, 1940. (December 13, 1940.) Grace M. Graham, as Sole Remaining Executrix of the Estate of Edward C. Clifford, Deceased, Respondent, v. Israel O. Blake and Others, Appellants, Impleaded with Another, Defendants.
Motion for resettlement granted to the extent of directing that the examination before trial of the defendant, Israel O. Blake, proceed at Sherbrooke, Quebec, Canada, on December 20th, 1940,' upon condition that the defendant pay plaintiff’s attorney $100 for the first day and fifty dollars a day thereafter as counsel fees and reasonable expenses of making the journey. Settle order on notice. [See ante, p. 860.] Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.