
    Dora Steinberg, Respondent, v. Samuel Rosenthal, Appellant.
    (City Court of New York, General Term,
    May, 1896.)
    Costs — Heave to sue in forma pauperis.
    A motion for leave to sue as a poor person is addressed to the discretion of the court, and its determination will not be interfered with unless there has been an abuse of such discretion.
    Appeal from order' allowing plaintiff to sue as a poor person.
    A. H. Berrick, for appellant.
    E. Rosenthal, for respondent.
   McCarthy, J.

This is an appeal from an order allowing plaintiff to sue as a poor person.

. While it is true that the equities may be with the defendant, yet the court having the right-to grant the order, the only question for us to determine is, was there an abuse of judicial discretion?

We cannot say that.

Order affirmed, no costs.

Conlan and Schuchman, JJ., concur.

Ordered affirmed, without costs.  