Judgment modified so as to leave the judgment of the Special Term undisturbed as to costs incurred up to and including the rendition of the interlocutory judgment, and as so modified affirmed, with costs to the plaintiff in this court, and case remitted to the Supreme Court to *Page 683 enter judgment on the taxation of costs in accordance with this decision; no opinion.
Concur: HISCOCK, COLLIN, HOGAN, CARDOZO, SEABURY and POUND, JJ. Not sitting: WILLARD BARTLETT, Ch. J.