Order reversed, with ten dollars costs and disbursements, and motion granted, on condition that defendant pay the costs of the action to date to be taxed; the date of issue to remain the same, and the cause to retain its place upon the trial calendar of the court; with leave to plaintiff, if it so desires, to discontinue the action without payment of costs. No opinion. Present — Dowling, Laughlin, Smith, Merrell and Greenbaum, JJ.