Opinion
Argued January 15, 1912
Decided January 30, 1912
B.F. Einstein for appellant.
Omri F. Hibbard for respondent.
Order of Appellate Division modified so as to strike therefrom the judgment of affirmance on the appeal of plaintiff and also the provision for the recovery of costs of appeal against defendant; and defendant having been permitted to withdraw his appeal from so much of the order as directed a new trial, the appeal from that portion of the order of the Appellate Division is dismissed, without costs of this appeal to either party; no opinion.
Concur: CULLEN, Ch. J., GRAY, HAIGHT, VANN, WERNER, HISCOCK and COLLIN, JJ.