
    Pepsi-Cola Company, Appellant, v. The Coca-Cola Company, Respondent.
    (Appeal No. 5.)
   Order, dated October 10, 1940, denying plaintiff’s motion for an examination of defendant before trial as to certain allegations of the complaint affirmed, without costs. Our determination in Pepsi-Cola Company v. The Coca-Cola Company, Appeal No. 2 (261 App. Div. 927), decided herewith, affords the plaintiff the relief • sought on the within motion. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.  