PER CURIAM:
The question presented by this appeal is the same as that presented by the appeal in Bradley v. Sweeny, No. 1 ( 120 App. Div. 315), argued and decided herewith, and upon the authority of the opinion in that case the order is reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, but with leave to plaintiff to serve an amended complaint, if so advised.
PER CURIAM:
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to serve amended complaint if so advised.