Kuryan v. Weil , 156 N.Y.S. 1129 ( 1915 )

Per Curiam:

The order appealed from is modified by allowing the plaintiff taxable costs ■ of the action as a condition for amending the answer, with leave to the plaintiff to discontinue, without costs, if so advised, and as thus modified affirmed, without costs of this appeal. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Smith, JJ. Order modified as stated in opinion, and as modified affirmed, without costs. Order to be settled on notice.