
    First Department,
    October, 1917.
    Hiram H. Hirsch, Respondent, v. A. R. Mosler & Co., a Domestic Corporation, Appellant.
    Appeal from an order of the Supreme Court, entered in the New York county clerk’s office July 5, 1917, denying the defendant’s motion to vacate or modify an order for an examination before trial.
   Per Curiam:

The order appealed from is reversed, without costs to either party, and the motion to modify the order for examination granted to the extent of striking out the words, “ and particularly in reference to the cancellation of the contract for the manufacture of primers for the Eddystone Ammunition Corporation, as alleged in paragraph ‘ Sixth ’ of plaintiff’s complaint,” on the ground that proof of the fact of or reason for such cancellation is no part of the plaintiff’s case. Present — Clarke, P. J., Scott, Dowling, Smith and Page, JJ. Order reversed, without costs, and motion to modify order for examination granted to extent stated in opinion.  