
    Louis Castellano, as Trustee in Bankruptcy, etc., Respondent, v. Leo Kriegl, Appellant, and Gustave Neugebauer, Defendant.
    Order reversed, with ten dollars costs and disbursements, and the motion of plaintiff denied, and that of defendant granted, with ten dollars costs, with leave, however, to the plaintiff, within ten days, upon payment of such costs, to make and serve an amended complaint, upon the ground that paragraph III of the complaint is insufficient in that it fails to allege facts constituting any indebtedness of the assignor, Kriegl, at the time of the sale.-
   We conclude, however, that in such an action the assignor is a proper party defendant. Jenks, P. J., Mills, Rich, Blaekmar and Kelly, JJ., concurred.  