Henry M. Propper, as Temporary Receiver of the Property and Assets within the State of New York of Staatlich Genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger, Commonly Known as A. K. M., Respondent, v. Gene Buck, as President of the American Society of Composers, Authors and Publishers, an Unincorporated Association of More Than Seven Members, Commonly known as ASCAP, Appellant

Henry M. Propper, as Temporary Receiver of the Property and Assets within the State of New York of Staatlich Genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger, Commonly Known as A. K. M., Respondent, v. Gene Buck, as President of the American Society of Composers, Authors and Publishers, an Unincorporated Association of More Than Seven Members, Commonly known as ASCAP, Appellant. [MAJORITY] Order, so far as appealed from, unanimously modified by disallowing items 7 and 8 contained in plaintiff’s notice of motion, and as so modified affirmed, without costs. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.