The order is affirmed as a matter of discretion, with ten dollars costs and disbursements. We think that the question as to whether the use of the term “ Pagoda ” was an infringement of plaintiff’s right should await the trial. Present ■—■ Dowling, P. J., Merrell, Finch, McAvoy and Sherman, JJ. Order affirmed as a matter of discretion, with ten dollars costs and disbursements.