Order denying motion for examination of witnesses before trial reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs; the examination to proceed at a time and place to be fixed in the order to be entered hereon. Under the circumstances disclosed, the plaintiff's claim with respect to the release is akin to avoidance ( Farrington v. Harlem Savings Bank, 280 N.Y. 1; Gilbert v. Rothschild, 280 id. 66), and an examination of witnesses, presumably hostile, will be directed. ( LaBonte v. Long Island R.R. Co., 242 App. Div. 844; Gramatan Nat. Bank Trust Co. of Bronxville v. Sagamore Apts., Inc., 241 id. 840.) Lazansky, P.J., Hagarty, Adel, Taylor and Close, JJ., concur. Settle order on notice.