In the Matter of the Application of the Moto Bloc Import Co., Respondent, to Examine Lee W. Bennett and Joseph M. Gilbert, Appellant, Expected Parties to an Action about to Be Brought in this Court under Section 870 of the Code of Civil Procedure

In the Matter of the Application of the Moto Bloc Import Co., Respondent, to Examine Lee W. Bennett and Joseph M. Gilbert, Appellant, Expected Parties to an Action about to Be Brought in this Court under Section 870 of the Code of Civil Procedure. (No. 2.) First Department, November 4, 1910. See head note in Matter of Moto Bloc Import Go., No. 1 {ante, p. 532). Appeal by Joseph M. Gilbert from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of July, 1910, denying the appellant’s motion to vacate an order for his examination before trial. Edward W. S. Johnston [Sidney S. Meyers with him on the brief], for the appellant. Harry D. Nims, for the respondent. [MAJORITY — Per Curiam :] Per Curiam : The material facts upon which this appeal depends are the same as those considered in the appeal of Bennett, argued and decided herewith (Matter of Moto Bloc Import Co., No. 1, 140 App. Div. 532), and, therefore, on the authority of the opinion rendered on that appeal the order from which this appeal is taken is reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarice and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.