Opinion
May, 1929.
Present — Sears, P.J., Crouch, Taylor, Edgcomb and Crosby, JJ.
Order modified so as to grant defendant leave to plead over within twenty days upon payment of the costs of this appeal and ten dollars costs of the motion, and as so modified the order is affirmed, with ten dollars costs and disbursements to the respondent. The judgment is vacated. (See DeVaughn v. McGray, 222 App. Div. 533.) All concur.