
    Martha T. Smith and Others, Appellants, v. John J. Bartlett, Respondent.
    Order modified so far as to allow the plaintiffs to tax the item of $99.62 disbursement for stenographer’s minutes for the third trial, and as so modified affirmed, without costs, upon the ground that, in view of our order upon the last appeal (170 App. Div. 919) permitting the use of the stenographer’s minutes of the former trial, and of the stipulation of the parties that disbursement should be considered as a necessary one and taxable.
   Jenks, P. J., Thomas, Mills, Rich and Putnam, JJ., concurred.  