Order affirmed, with ten dollars costs and disbursements. Held, we are of the opinion that this case falls within the rule of Untermyer v. Beinhauer (105 N. Y. 521) and is distinguished from the ease of Sterling Engine Co. v. Church (197 App. Div. 924) in that it was necessary in the latter ease to prove the various items set forth in the complaint and bill of particulars in order to make out a cause of action. All concur. ,