We do not see that this case is distinguishable in principle from the case of McClean v. N. Y. Press Co. (46 N. Y. St. Repr. 706). The judgment should be affirmed, with costs, with leave to the defendant to answer in twenty days after service of a copy of the judgment of affirmance, upon payment of the costs of appeal and costs of the Special Term. Present —Van Brunt, P. J., Barrett, Rurnsey, O’Brien and Ingraham, JJ.