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In the Matter of the Application of N. Dain’s Sons Company, Appellant, for an Order for the Examination of John Lowry, Jr., Respondent, as an Expected Party to an Action
Order affirmed, with costs, and question certified answered in the negative on opinion of Miller, J., in Matter of Schlotterer (105 App. Div. 115).
Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett, Chase and Collin, JJ.