Appellate Division of the Supreme Court of the State of New York February 7, 1908 (Farrelly v. Schaettler)

Per Curiam :

The order should be modified so as to allow the defendant costs of the action to the date of the amendment, except costs before trial, as a condition for the allowance of the amendment applied, for, and as so modified affirmed, with ten dollars costs and disbursements to the appellant.

Present — Patterson, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.