
    McILROY, Appellant, v. ABENDROTH & ROOT CO., Respondent.
    (Supreme Court, Appellate Division, First Department.
    November 12, 1909.)
    Action by James H. Mcllroy against the Abendroth & Root Company.
    P. J. Ross, for appellant.
    C. J. Hardy, for respondent.
   No opinion. Order modified, by providing as an additional condition that the plaintiff have leave to discontinue the action without costs, and, as so modified, affirmed, without costs. Settle order on notice.  