Opinion
July Term, 1903.
Present — Van Brunt, P.J., Patterson, Ingraham, Hatch and Laughlin, JJ.; Van Brunt, P.J., dissented.
Order reversed and motion granted, without costs on the conditions stated in opinion.
The order should be reversed, without costs and the motion granted, without costs on condition that the defendants pay fifteen dollars costs after notice of trial and ten dollars costs of opposing this motion, and on the further condition that the plaintiff be allowed to serve an amended summons and complaint, the case to retain its place upon the calendar and proceed to trial without further notice, and without prejudice to the proceedings already had in the action.