Judgment and order affirmed, with costs. No *897opinion. Rich, Manning and Kelby, JJ., concur; Jayeox and Young, JJ., dissent and vote to reverse, on the ground that liability on the judgment heretofore entered against the plaintiff [See 187 App. Div. 887] constituted damage. (Dix v. Jaquay, 94 App. Div. 554, 560.)