Majority
p. 1140Albert C. SCHAFF, respt., v. John M. MOEN, applt. (Supreme Court, Appellate Division, Fourth Department. April 19, 1916.)
Order reversed with $10 costs and disbursements and motion denied, with $10 costs, without- prejudice to a new application by plaintiff, if so advised, after issue has been joined to take the deposition of the defendant, for use upon the trial. All concur.