Opinion
May, 1905.
Present — Van Brunt, P.J., Patterson, Ingraham, McLaughlin and Laughlin, JJ.
Order modified as directed in opinion, and as modified affirmed, without costs of appeal.
The order appealed from should be modified by requiring the defendant as a condition of granting the motion to pay ten dollars costs of opposing the same. and also thirty dollars trial fee and the disbursements of the trial. As so modified the order should be affirmed, without costs. Van Brunt, P.J., dissented upon the ground that the order should be reversed and the motion denied.