
    ABELLO, Respondent, v. PEEKSKILL LIGHTING & R. CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    January 29, 1904.)
    Action by Mary Abello against the Peekskili Lighting & Railroad Company.
   PER CURIAM.

We think that the defendant, by serving an answer, has waived the right to examine the plaintiff for the purpose of enabling it to plead. Motion to dismiss appeal granted, without costs.  