Opinion
January, 1920.
Present — Dowling, Laughlin, Smith, Merrell and Philbin, JJ.; Laughlin, J., dissenting on the view expressed by him in Arkenburgh v. Arkenburgh ( 114 App. Div. 436).
Order affirmed, with ten dollars costs and disbursements, with leave to plaintiffs to serve an amended complaint on payment of said costs and the costs awarded to defendant by the order appealed from, upon the authority of Peetsch v. Sommers ( 31 App. Div. 255), and Barton v. Palmer Co. (87 id. 35).