Order affirmed, with twenty dollars costs and disbursements, with leave to the plaintiff to serve an amended complaint alleging a cause of action at law within ten days after service of order upon payment of said costs, and the ten dollars costs of motion at Special Term. No opimon. Present — Martin,.P. J., Townley, Untermyer, Cohn and Callahan, JJ.; Untermyer and Cohn, JJ., dissent and vote to reverse and deny the motion; dissenting opinion by Untermyer, J.