Opinion
February 13, 1952.
Present — Peck, P.J., Dore, Cohn, Shientag and Bergan, JJ.
Order unanimously modified by excluding therefrom the provision that plaintiff [Joveshof] pay "the costs of the appeal" and, as so modified, affirmed, without costs. We think that in the circumstances of this case the condition requiring plaintiff to pay the costs of the appeal was not warranted and that the payment of such costs should abide the determination of the new trial. Settle order on notice.
[Order granted motion by plaintiff Joveshof to make substitution for plaintiff Levine and amend complaint.]