Opinion
June Term, 1896.
Present — Van Brunt, P.J., Rumsey, Williams, Patterson and Ingraham, JJ.
Order reversed, with ten dollars costs and disbursements, and motion for leave to serve amended complaint granted upon payment by the plaintiffs of ten dollars costs of motion and all costs of the action after notice of trial. —
This appeal presents the same questions as were considered in the case of Van Wickle v. Baron ( 5 App. Div. 130), and that decision must control. The considerations presented by the defendant in this case, which were not referred to in the case cited, are insufficient to require a different result. The order appealed from should be reversed, with ten dollars costs and disbursements to the appellants, and the motion for leave to amend the complaint granted upon payment by the plaintiffs of ten dollars costs of motion and all the costs of the action after notice of trial.