
    DWIGHT v. GIBB et al.
    (Supreme Court, Appellate Division, First Department.
    June 2, 1911.)
    Appeal from Special Term, New York County.
    ' Action by Stanley Dwight, as substituted trustee, against Harrison Jeffrey Gibb and others. From an order denying a motion for a commission to take testimony on written interrogatories, Stanley Dwight, individually, appeals.
    Affirmed.
    Argued before INGRAHAM, P. J., and McLAUGHLIN, SCOTT, MILLER, and DOWLING, JJ. ’
    : Chester A. Jayne, for appellant.
    ’ John A. Gar ver, for respondent.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements, on the authority of Dwight v. Gibb, 129 N. Y. Supp. 961, decided herewith.

SCOTT and MILLER, JJ., dissent.  