In an action to recover immediate possession of real property and for the discontinuance and removal of a sewer, order denying plaintiff’s motion to strike out the answer as sham and frivolous affirmed, with ten dollars costs and disbursements. (See Fleischer v. Terker, 259 N. Y. 60.) Lazansky, P. J., Young, Hagarty, Carswell and Scudder, JJ., concur.