Order modified and as modified affirmed, without costs of this appeal to either party. (See Civ. Prac. Act, § 467 et seg.; Matter of Cartier v. Spooner, 118 App. Div. 342, and Sullivan v. McCann, 124 id. 126.) All concur.
Order modified and as modified affirmed, without costs of this appeal to either party. (See Civ. Prac. Act, § 467 et seg.; Matter of Cartier v. Spooner, 118 App. Div. 342, and Sullivan v. McCann, 124 id. 126.) All concur.