
    (110 App. Div. 865)
    McKENNA v. SIMPSON et al.
    (Supreme Court, Appellate Division, First Department.
    December 8, 1905.)
    Appeal from Special Term, New York County.
    Action by Thomas P. McKenna against Thomas Simpson and others. From an order denying a motion to vacate an order for the examination of defendants Thomas Simpson and others before trial, they appeal.
    Affirmed.
    Argued before O’BRIEN, P. J., and PATTERSON, INGRAHAM, CLARKE, and HOUGHTON, JJ.
    L. M. Berkeley, for appellants.
    Isaac W. Goodhue, for respondent.
   PER CURIAM.

For the reasons stated in the opinion handed down herewith in McKenna, Respondent, v. Tully et al., Appellants, 96 N. Y. Supp. 561, the order appealed from should be affirmed, with $10 costs and disbursements.  