
    Coin Novelty Company, Respondent, v. Solomon Lindenborn, Appellant.
    
      Evidence—examination before trial — discovery of books and papers.
    
    Appeal from an order entered on the 9th day of October, 1907, denying a motion to vacate an order for the examination of the defendant before trial and for the production of certain books and papers for inspection.
   Per Curiam :

The order appealed from must be so modified as to strike out of the order for defendant’s examination so much as directs him to produce for inspection certain books and papers. (Gee v. Pendas, 87 App. Div. 157; Matter of Sands, 98 id. 148.) As so modified, the order will be affirmed, without costs. Present — Patterson, P. J., Ingraham, Clarke, Scott and Lambert, JJ. Order modified as stated in opinion, and as modified affirmed, without costs. Settle order on notice. .  