
    Goldenson v. Lawrence,
    No. 1.
    (City Court of New York—General Term,
    October, 1892.)
    An order granting leave to amend upon terms, entered by consent of the parties, is not appealable.
    Appeal from order granting leave to serve an amended answer and imposing conditions.
    
      Goodrich, Deady & Goodrich, for defendants (appellants).
    
      David Leventritt, for plaintiff (respondent).
   Ehrlich, Ch. J.

The court below, on granting leave to amend, had the power to impose such terms as it deemed just (Code, § 723), and'the terms imposed can hardly be called an abuse of discretion; besides the order recites that it was made with consent of the parties. This recital concludes the parties on appeal. Smith v. Grant, 11 Civ. Proc. Rep. 354.

Under the circumstances, the order appealed from must be affirmed with costs.

Van Wyck and McCarthy, JJ., concur.

Order affirmed.  