
    GREENBAUM v. PERLMUTTER.
    (Supreme Court, Appellate Division, First Department.
    May 14, 1909.)
    Appeal from Special Term, New York County. Action by Isaac Greenbaum against Annie Perlmutter. From an order denying plaintiff’s motion to restore the action for trial, and from an order of discontinuance, plaintiff appeals.
    Modified.
    See, also, infra.
    Charles S. Rosenthal, for appellant.
    Jacob L. Holtzmann, for respondent.
   PER CURIAM.

The order of February, 19, 1909, as resettled by the order of March 8,1909, is modified, by permitting the plaintiff to discontinue the action on payment of taxable costs. If such costs be not paid within 10 days from the service of a copy of the order to be entered hereon, then the order of March 20, 1909, is reversed, with $10 costs and disbursements to the appellant, and the motion to vacate the order of February 19th as resettled by the order of March 8th, is granted.  