Majority
p. 854Byrne Bowman & Forshay, Inc., Appellant, v. Lawrence J. De Swarte, Respondent.
Judgment unanimously reversed, without costs. Order unanimously affirmed, with $20 costs and disbursements to the respondent, with leave to plaintiff to serve an amended complaint within ten days after service of the order to be entered herein, with notice' of entry, on payment of said costs. No opinion. Settle order on notice. Present — Peek, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ.