Majority
p. 917Isaac J. Cohen, Appellant, v. William M. Barrett, as President of the Adams Express Company, Respondent.
Defendant served the answer after the time to answer had expired, and plaintiff was justified in rejecting it. Defendant’s remedy, if he has any, is by motion to open the default, The order is, therefore, reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Jenks, P. J., Mills, Rich, Putnam and Kelly, JJ., concur.