
    PERRY, Appellant, v. BATES, Respondent.
    (Supreme Court, Appellate Division, First Department.
    April 7, 1905.)
    Appeal from Special Term. Action by Alvan W. Perry against Benjamin L. M. Bates. From an order setting aside a verdict and dismissing the complaint, and from a judgment entered thereon, plaintiff appeals. Modified.
    T. E. Wing, for appellant.
    J. Delahunty, for respondent.
   PER CURIAM.

The order appealed from should be modified, so as to read as follows: “Ordered that said motion be, and the same hereby is, granted, so far as to set aside the verdict; and a new trial is hereby ordered, without costs.” And the judgment should be modified, so as to read as follows: “Adjudged that the said verdict be, and the same hereby is, vacated and set aside, and a new trial is ordered, without costs.” As so modified, the order and judgment are affirmed, without costs of appeal.  