Majority
p. 870Sophie Gunsberg, Plaintiff, v. Nathan L. Gunsberg, Respondent. Harry Mendelsohn, Corespondent, Appellant.
Order affirmed, with ten dollars costs and disbursements. We think the conduct of the corespondent is such as to constitute a waiver of any rights given him by section 1757 of the Code of Civil Procedure, and, therefore, we follow the decision of the First Department in Boiler v. Boller ( 111 App. Div. 240 .) Blackmar, P. J., Rich, Kelly, Jaycox and Manning, JJ., concur.