
    Nicholas J. Basil, Respondent, v. National Herald, Inc., Appellant.
   Under all the facts and circumstances disclosed, the order appealed from striking out defendant’s answer is unanimously reversed and the motion to strike denied without costs on condition, however, that defendant, through its president, B. J. Marketos, appear for examination pursuant to the order to be settled herein. The date for the examination to proceed shall be fixed in the order. Settle order on notice. Present — Peck, P. J., Dore, Cohn, Bastow and Botein, JJ.  