Opinion
December 30, 1942.
Order modified on the law and the facts by striking out the provision setting the case down for trial and by inserting in place thereof a provision directing that the case be remitted to the Special Term before which it was settled, to take testimony to ascertain the exact terms of settlement and to enter judgment accordingly. As thus modified, the order is affirmed, with ten dollars costs and disbursements to appellant. No opinion. Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.