Order denying motion to vacate examination before trial in so far as appealed from reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, in the exercise of the discretion of this court. (Wessel v. Schwarzler, No. 1, 144 App. Div. 587.) Kelly, P. J., Manning, Kelby, Young and Kapper, JJ., concur.