Majority
p. 896Rosalie G. Wilson, Respondent, v. Sol Atlas, Appellant.
Order granting plaintiff’s motion to vacate a notice served by defendant for the examination of plaintiff before trial, reversed, with $10 costs and disbursements, and motion denied, without costs; examination to proceed on five days’ notice. The examination was permissible pursuant to the provisions of rule 121-a of the Rules of Civil Practice, and on the record presented should have been allowed. Nolan, P. J., Adel, Wenzel, MacCrate and Beldock, JJ., concur.