Opinion
January Term, 1900.
Present — Van Brunt, P.J., Rumsey, O'Brien and Ingraham, JJ.
Order reversed, with ten dollars costs and disbursements, and motion remitted to the Trial Term to be determined upon the merits.
For the reasons stated in the case of Bailey v. Miles, decided herewith ( 46 App. Div. 607), the order appealed from is reversed, with ten dollars costs and disbursements, and the case remitted to the Trial Term to be determined upon the merits.