Opinion
March Term, 1902.
Present — Van Brunt, P.J., O'Brien, McLaughlin, Hatch and Laughlin, JJ.
Order modified as directed in opinion and as modified affirmed, without costs.
This order should be modified by confining the award of costs to the only defendants opposing the motion, namely, August Luchow, Richard Stein and Charles H. Lellman. It is true that the latter died; but his attorney was served with notice and appeared and opposed the motion. As so modified, the order should be affirmed, without costs of this appeal.