
    Jacob Gray, Respondent, v. Nathan Cummings, Appellant.
   On the facts in this case we think that the discretion of the court should have been exercised so as to permit the defendant to examine first. Orders, so far as appealed from, unanimously modified to that extent and, as so modified, affirmed, with $20 costs and disbursements to the appellant. Settle orders on notice. Present— Peck, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ.  