Opinion
July, 1917.
Order modified by striking therefrom the condition requiring the defendant, appellant, to give an undertaking, and so as to permit him within twenty days after notice of entry of the order of this court on this appeal to withdraw his demurrer and answer the complaint upon payment of twenty dollars costs; in which event said order as so modified is affirmed, without costs, on the ground that upon the allegations of the complaint the plaintiff is entitled to recover at least the seventy dollars which she paid for the expenses of bringing her daughters from the school in Virginia to her home in New York city in December, 1914. As to any further claim on the part of the plaintiff we do not decide. Jenks, P.J., Thomas, Stapleton, Mills and Rich, JJ., concurred.