
    Herbert Lewis, Appellant, v. Joseph Healy, Respondent.
    Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 15th day of December, 1915, denying a motion to vacate an order for the examination of plaintiff before trial.
   Per Curiam:

We think that the order for the examination was sought, not for the purpose of proving facts in defense, but in order to examine the plaintiff as to the necessary elements of his cause of action. The order should, therefore, be reversed, with ten dollars costs and disbursements, and the motion to vacate the order for examination granted, with ten dollars costs. Present — Clarke, P. J., Scott, Dowling, Smith and Page, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.  