Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint within twenty days from service of order upon payment of said costs, upon the ground that there is no allegation in- the complaint that Rosenberg has any property as trustee ex maleficio. Present — Dowling, P. J., Merrell, Finch, MeAvoy and Proskauer, JJ.