December 12, 1941.
Present — Martin, P.J., Townley, Glennon, Dore and Callahan, JJ.; Martin, P.J., dissents and votes to reverse and grant the motion to dismiss the complaint. No opinion.
Order affirmed, with twenty dollars costs and disbursements, with leave to defendant to answer within twenty days after service of a copy of order with notice of entry thereof on payment of said costs.