Ortelero v. Dougherty

The order appealed from must be modified by requiring the defendant to pay aE the costs of the action to date as a condition of permitting him to serve an amended answer. As so modified the order is affirmed, without costs. Present—Ingraham, P. J., McLaughUn, Laughlin, Clarke and Scott, JJ. Order modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.