*891Order so far as appealed from affirmed, with twenty dollars costs and disbursements, on the authority of Ward v. City Trust Co. (192 N. Y. 61), with leave to the defendant to serve an amended answer within ten days from service of order upon payment of said costs. Present — Finch, P. J., Merrell, McAvoy, Martin and Townley, JJ.; Martin, J., dissents and votes to reverse and grant the motion; McAvoy, J., taking no part.