Order modified by providing as a condition that the plaintiff within twenty days pay all costs of the action antecedent to the granting of the order permitting the service of an amended complaint; and as thus modified affirmed, without costs of this appeal to either party. (See United States Drainage & Irrigation Co. v. Lucas, 156 App. Div. 49; Bruns v. Brooklyn Citizen, 98 id. 316.) Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred.