Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiffs' motion is denied.
We find that the Supreme Court improvidently exercised its discretion by directing R.F. McCahey, an employee of the defendant New York Telephone Company, to appear for an examination before trial, in contravention of a written stipulation entered into between the parties, whereby the plaintiffs agreed to "waive all further depositions of New York...
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