Majority
p. 902In the Matter of the Arbitration between Kachurin Drug Company, Petitioner, and Surn Singh Lachhman Singh, Respondent. In the Matter of Eva Kachurin et al., as Executors of Philip Kachurin, Deceased, Appellants, against Kuldip Singh et al., Copartners Trading under the Name of Surn Singh Lachhman Singh, at Amritsar, India, Respondents.
We deem there was sufficient substantial compliance by the foreign commissioner with the order issuing the commission to warrant the validation of the depositions. We treat the present motion as a motion to validate and accept the depositions, and unanimously modify the order appealed from to grant such motion and, as so modified, affirm the order, without costs. Settle order on notice. Present — Glennon, J. P., Cohn, Callahan, Shientag and Heffernan, JJ.