Majority
p. 899Johannes Alexander Beugger, Appellant, v. Henry A. Rubino, Respondent, Impleaded with Clarence D. Ashley and Others.
Headnote
Appeal from an order entered in the New Yoke county clerk’s office April 37, 1910, directing the plaintiff to reply to new matter set up in the amended answer of the defendant Henry A. Rubino.The order should be modified by requiring, as a condition of ordering the reply, that the case retain its place on the calendar as of the present date of issue and taped when reached without further notice of trial, and as so modified the order should be affirmed, with ten dollars costs and disbursements to the respondent. Present—Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ. Order modified as indicated in opinion, and as modified affirmed, with ten dollars costs and disbursements to respondent. Settle order on notice.