Opinion
January, 1932.
Present — Sears, P.J., Crouch, Taylor, Edgcomb and Crosby, JJ.
Judgment modified as to costs in accordance with the decision made herewith upon the appeal from the order as to taxation of costs ( post, p. 652), and as so modified affirmed, together with the order denying the motion for a new trial, with costs to the respondent. All concur, except Crouch and Edgcomb, JJ., who dissent only as to the items of costs of the first trial, viz., forty dollars.