Majority
p. 754Walter Krzynowek et al., Plaintiffs, v. Julius Schwarz et al., as Executors of William Fernhoff and Another, Deceased, Defendants. (Action No. 1.) Julius Schwarz et al., as Executors of William Fernhoff, Deceased, Appellants, v. Walter Krzynowek et al., Respondents. (Action No. 2.) Julius Schwarz et al., as Executors of Tola T. Fernhoff, Deceased, Appellants, v. Walter Krzynowek et al., Respondents. (Action No. 3.) Oscar Levey, as Executor of Fannie Levey, Deceased, Plaintiff, v. Julius Schwarz et al., as Executors of William Fernhoff, Deceased, et al., Defendants. (Action No. 4.)
In a consolidated action to recover damages for wrongful death and injury to person and property arising out of a collision between a passenger automobile and three automobile trucks on a public highway, the plaintiffs in Actions Nos. 2 and 3 appeal from an order denying their motion -made pursuant to section 288 of the Civil Practice Act for an examination before trial, -as witnesses, of three members of the New York State Police. Order affirmed, with $19 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Beldock, Hallinan and Kleinfeld, JJ., concur.