Order denying defendant’s motion for the issuance of commissions reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. We are of opinion that the issuance of the commissions properly follows our determination in Clarke v. Peters (ante, p. 771), decided herewith, that the pleadings presented an issue to be tried. Lazansky, P. J., Kapper, Hagarty, Seeger and Carswell, JJ., concur.