
    Mary WHALEN and Ellen Whalen, as administratrices, etc., of Peter Quirk, deceased, respondents, v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY, appellant.
    (Supreme Court, Appellate Division, Second Department.
    July 28, 1916.)
    Order affirmed, with $10 costs and disbursements. Rule 36 of the general rules of practice is, by its express terms, applicable only after an issue of fact' has been joined. Section 480 of the Code of Civil Procedure states the proper remedy. It is within the legitimate discretion of the Special Term to deny, upon the terms prescribed in the order, a motion made under that section.
   Jenks, P. J., and Thomas, Carr, Staple-ton, and Putnam, JJ., concur.  