( Porret v. City of New York, 252 N.Y. 208.) This case is not within the rule stated in Schattner v. Heriman ( 247 App. Div. 730). The court's remarks to the jury on their return for further deliberation did not constitute an additional charge to the jury. Adel, Taylor and Close, JJ., concur; Lazansky, P.J., and Davis, J., concur in result.