Order of February 28, 1931, affirmed, with ten dollars costs and disbursements, with leave to defendant to answer within ten days from the entry of the order herein, upon payment of such costs. The order of March 12, 1931, is remitted to Mr. Justice Bleakley at Special Term to resettle or vacate. The action in the County Court may be consolidated with this action under section 97 of the Civil Practice Act. Lazansky, P. J., Young, Carswell and Davis, JJ., concur; Seudder, J., not voting.