Appeal from an order insofar as it denied plaintiff-appellant's motion to amend the complaint to assert a cause of action against the third-party defendant-respondent which had appeared and served its answer to the third-party complaint. Order modified on the law by striking out the first ordering paragraph and inserting in its place the following: "Ordered that the motion of the plaintiff for an order permitting plaintiff to amend his complaint, to serve the complaint as amended, and amending the title to the action, be and the same is hereby granted; and it is further"; and by inserting in the sixth line of the second ordering paragraph after the word "Railroad" the words "and the Wheeling and Lake Erie Railway Company". As so modified the order, insofar as appealed from, is affirmed, with $10 costs and disbursements to appellant. Appellant shall serve the amended complaint upon respondent within twenty days after entry of order hereon. It is our opinion that respondent, by appearing and filing its answer to the third-party complaint, appeared in this action, subjected itself to the jurisdiction of the court, and that appellant may amend his complaint to assert his claim against respondent under the provisions of subdivision 3 of section 193-a of the Civil Practice Act. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.