¶1We think that the proceeding herein against Curran was a special proceeding, and as costs were therein awarded Curran, he. had the right to examine the plaintiff under the order granted herein.
¶2Plaintiff having failed to pay such costs, the remedy, so taken, in our judgment, was not objectionable merely because it was retroactive.
¶3The order must be affirmed, with costs.
¶4Van Wyck, Ch. J., and O’Dwyer, J., concur.
¶5Order affirmed, with costs.