Opinion
April, 1910.
Present — Ingraham, P.J., McLaughlin, Clarke, Scott and Dowling, JJ.
The order appealed from should be modified by striking out the paragraph ordering "that Kingsley L. Martin, Commissioner of Bridges of the City of New York, be and he hereby is added as a party defendant for the purpose of receiving the check in payment of costs and disbursements to be taxed, the proceeds of said check to be deposited by said Kingsley L. Martin in the treasury of the City of New York;" and inserting in lieu thereof that Kingsley L. Martin, commissioner of bridges of the city of New York, be and he hereby is substituted in the place of James W. Stevenson as defendant herein; and as so modified affirmed, without costs.
Order modified as directed in opinion and as so modified affirmed, without costs. Settle order on notice.