
    FINKLE, Appellant, v. VAN BUREN, Respondent.
    (Supreme Court, Appellate Division, Third Department.
    March 27, 1903.)
    Action by Morgan G. Finkle against Edward Van Burén.
   PER CURIAM.

The trial court was right in refusing to strike out the defendant’s answer while a motion, apparently made in good faith at Special Terra, to set aside taxation of plaintiff’s costs, remained undecided. Order affirmed, with $10 costs and disbursements.  