
    Stanley J. Mayer, Appellant, v. Samuel Goldhaber, Individually and as Executor of Koppel Goldhaber, et al., Respondents.
   Order entered January 12, 1970, unanimously affirmed, without costs and without disbursements. In affirming, we construe the order at Special Term to be in accordance with the provisions of CPLR 325 (subd. [e]). Concur — Stevens, P. J., Eager, McNally, Steuer and Tilzer, JJ.  