Order denying appellants' motion to amend their answer modified on the law and the facts by striking from the first ordering paragraph the words "denied with $10.00 costs," and inserting in place thereof the word "granted". As thus modified, the order, insofar as appealed from, is affirmed, with ten dollars costs and disbursements to appellants. It is clear that the present plaintiff is not the real party in interest. (Workmen's Compensation Law, § 29.) The action must be brought in the name of the real party in interest. (Civ. Prac. Act, § 210.) While the plaintiff may have an interest in the result if the recovery is for more than the compensation paid and the expenses (Workmen's Compensation Law, § 29), he has presently no interest in the litigation. ( Lang v. Brooklyn City R.R. Co., 217 App. Div. 501, 504.) It may be that his ultimate interest can be protected by substituting the proper party plaintiff. ( Missouri, Kansas Tex. Ry. Co. v. Wulf, 226 U.S. 570; Weldon v. United States, 65 F.2d 748; Van der Stegen v. Neuss, Hesslein Co., 270 N.Y. 55.) Close, P.J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.