Majority
p. 899Edwin A. Williams, Respondent, v. Frederick W. Zingsem, as Executor, etc., of Anna K. Zingsem, Deceased, Appellant, and Dime Savings Bank of Brooklyn, Defendant.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that the court was without power to strike out the answer of the defendant Zingsem as executor for failure to comply with the provisions of an order affecting him in his individual capacity. Jenks, P. J., Thomas, Carr, Rich and Stapleton, JJ., concurred.