In view of the former decision of the court in this litigation (See 170 App. Div. 578; 218 N. Y. 27; 177 App. Div. 927), it would seem that this order was improperly made. It is, therefore, reversed, with ten dollars costs and disbursements, and the motion denied. Jenks, P. J., Stapleton, Mills, Rich and Blaekmar, JJ., concurred.