Majority
p. 884Gernstein, Resp’t, v. Fisher, App’lt. N. Y. Sup. Ct. October 24, 1895.
Headnote
Appeal from an order denying a motion to serve a supplemental answir, defendant appeals.Oscar R. Bogart, for app’lt; Louis Steckler, for resp’t.
— The order appealed from should be affirmed on the opinion filed by the learned judge below. In view of the decisions in Collins v. Hydorn, 135 N. Y. 330 , and Furlong v. Ranta, 80 Hun, 248 , the case of Anderson v. Railroad Co., 9 Daly, 487 , cannot be followed, and the decision of Feather-son v. Turnpike Co., has no application. Order affirmed, with $10 costs and disbursements.