Majority
p. 909Joseph L. Walker, Plaintiff, v. Carl Briner et al., Defendants. Carl Briner, Third-Party Plaintiff, v. Hakes & Le Bourveau, Inc., et al., Third-Party Defendants. Marion Walker, Plaintiff, v. Carl Briner et al., Defendants. Carl Briner, Third-Party Plaintiff, v. Hakes & Le Bourveau, Inc., et al., Third-Party Defendants. Carl Briner et al., Appellants, v. Hakes & Le Bourveau, Inc., Defendant, and Nash-Kelvinator Corporation, Respondent.
Appeal from an order of the Supreme Court of Albany County made at Special Term insofar as it denies plaintiffs’ motion to vacate defendant-respondent’s notice for their examination before trial as to certain matters. Order affirmed, with $10 costs against appellants. Foster, P. J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., taking no part. [201 Mise. 1115.]