
    Guliano v. Whitenack.
    (New York Common Pleas
    General Term,
    March, 1893.)
    While an order granting leave to serve a supplemental answer is discretionary, it should he upon terms.
    Appeal from order allowing, supplemental order.
    
      J. Hampden Dougherty, for defendant (respondent).
    
      Joseph Wamsley, for plaintiff (appellant.)
   Per Ouriam.

We are clear that the learned trial judge at Special Term well exercised his discretion in allowing the supplemental answer. But we are of opinion that the order should have been granted on the condition of a stipulation by defendant to pay the taxable costs and disbursements to the date of the order. If the 'defendant will so stipulate, the order is affirmed ; otherwise it is reversed, no costs.

Judgment accordingly.  