
    SYLVESTER, Respondent, v. MULLEN et al., Appellants.
    (Supreme Court, Appellate Division, Second Department.
    January 24, 1913.)
    Action by John A. Sylvester against Henry J. Mullen and another.
   PER CURIAM.

Order unanimously affirmed, with costs. As to the refusal of the learned trial justice to impose costs as a condition of granting a new trial, see Post v. Kerwin, 150 App. Div. 321, 134 N. Y. Supp. 714.  