| N.Y. App. Div. | Feb 9, 1940
Order unanimously reversed and motion denied, except as to item 5, which defendant has withdrawn. The phrase in question as used in the agreement is ambiguous, and, in any event, defendant is entitled to an examination on items material and necessary to establish his defense. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.