Opinion
January 23, 1942.
Present — Martin, P.J., O'Malley, Townley, Glennon and Untermyer, JJ.
Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted, with leave to the plaintiff to serve an amended complaint within twenty days after service of order on payment of said costs, on the authority of Crowell v. Schneider ( 165 App. Div. 690); Battersby v. Collier (34 id. 347); Germ Proof Filter Co. v. Pasteur Filter Co. (81 Hun, 49); Drohan v. O'Brien ( 76 App. Div. 265).