Opinion
June 17, 1948.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See post, p. 822.]
Order unanimously affirmed, with $20 costs and disbursements, on the authority of Soporito v. Hetzler Foundries, Inc. ( 295 N.Y. 922) and Surace v. Pfaudler Co. ( 295 N.Y. 923) with leave to the defendant to answer within ten days after service of the order, with notice of entry thereof, on payment of said costs.