
    Richard Apthorp, as Administrator, etc., of Mary L. Apthorp, Deceased, Respondent, v. Alfred J. Thurston, as Administrator, etc., of Mary Ann Piper Deceased, Appellant.
   Order modified so as to provide that as a condition of the amendment the plaintiff pay to defendant all costs of the action accruing subsequent to notice of trial, including the costs on the former appeal to this court (153 App. Div. 572), and as so modified affirmed, with ten dollars costs and disbursements of this appeal to appellant. All concurred.  