
    Michael K. Tover, Respondent, v. Joseph M. Berk, Individually and Doing Business under the Name of Berk and Company, Appellant.
   In an action which appears to be for moneys had and received and for conversion, order denying in part and granting in part plaintiff’s motion to vacate defendant’s notice Of examination of plaintiff before trial affirmed, insofar as appeal is taken, with $10 costs and disbursements; examination to proceed on five days’ noticé. No opinion. Nolan, P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.  