Order, so far as appealed from, unanimously modified by granting the motion to strike the case from the Trial Term calendar, without prejudice, however, to plaintiff’s serving and filing a note of issue after payment of the costs that have been taxed against them, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. No opinion. Present ■ — • Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.