New v. Aland
62 How. Pr. 185
N.Y. Sup. Ct.
1881
Check Treatment
The Court.

—Held, First. That the order is appealable and the merits will be reviewed.

Second. That the order granted was erroneous and should *187be modified so that the only right which the defendant shall have thereunder, shall be the right to serve the proposed amended answer set out in the appeal book, and as so modified, affirmed, with ten dollars costs and disbursements, to be paid by the respondent.