
    New York Consolidated Railroad Company, Respondent, v. The City of New York, Appellant.
    Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that it does not affirmatively appear that an examination of an account is involved.
    
    
      
       See Code Civ. Proc. § 1013.— [Rep.
    
   Jenks, P. J., Burr, Thomas and Stapleton, JJ., concurred; Rich, J., dissented.  