Majority
p. 785(April 29, 1947.) Montrose Industrial Bank, Respondent, v. Merchants Bank of New York, Appellant.
Order, insofar as it denies defendant’s motion to take the deposition of Hayes Manufacturing Corporation, reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, without costs. The refusal to permit the taking of the deposition was an improvident exercise of discretion. Hagarty, Acting P. J., Carswell, Johnston, Nolan and Sneed, JJ., .concur. [See post, p. 836.]