Fitzsimons, J.
The demurrer was properly sustained, Knoor v. Bates, 12 Misc. Rep. 396; 14 id. 501; Ralli v. Hillyer, 15 id. 692. The order and judgment appealed from is, therefore, affirmed, with costs to-the respondent. McCarthy and Oonlan, JJ., concur,"
Judgment and order affirmed, with costs.