Order reversed on the law and, the facts, with ten dollars costs and disbursements, and application granted; with ten dollars costs. Applied to the present case, there could be no waiver of arbitration before trial by the interposition of an answer. (Matter of Berkovitz v. Arbib & Houlberg, 230 N. Y. 273.) Kelly, P. J., Rich, Jaycox) Manning and Kapper, JJ., concur.