
    Frieda Hart and Martin Engel, Respondents, v. Louis Kaplan, Appellant.
    Appeal — Review — Discretion of lower court — On appeal from inferior courts to the Supreme Court — Motions for new trials. ,
    Appeal by the tenant from two orders in favor of the landlords made in the Municipal Court of the city of New York, fourth district, borough of Manhattan.
    Isadore M. Levy, for appellant.
    Sachs & Levy, for respondents.
   Per Curiara.

Appeal from order granting motion for re-argument dismissed, with ten dollars, costs, the order not being appealable.

The order granting a new trial appealed from was largely discretionary and we do not feel that it should be reversed. Costs should have been imposed, however, as a condition for its being granted.

Order affirmed, upon condition that the plaintiffs, within five days after the entry and service of a copy of this order, pay to the defendant ten dollars costs of the motion (Mnnic. Ot. Act, § 254) and costs of this appeal. 'Otherwise order reversed, with costs and verdict reinstated.

Present: Gildebsleeve, Fitzgebald and Davis, JJ.

Appeal from order granting motion for reargument dismissed.

Order granting new trial affirmed upon condition that plaintiffs, within five days after entry and service of a copy of this order, pay to defendant ten dollars costs of motion and costs of this appeal. Otherwise order reversed, with costs, and verdict reinstated.  