
    KILMER v. EVENING HERALD CO.
    (Supreme Court, Appellate Division, Third Department.
    March 21, 1902.)
    Action for libel by Willis Sharpe Kilmer against the Evening Herald Company. From an order denying plaintiff’s application for leave to discontinue, except on condition of a payment of an additional allowance, and a stipulation by plaintiff not to bring another action for the same cause, the plaintiff appeals. Reversed. Carver, Deyo & Hitchcock, for appellant. Roberts, Tuthill & Rogers, for respondent.
   PER CURIAM.

Order modified, by striking out provision for stipulation by plaintiff not to bring another action for same cause, and, as so modified, affirmed, with $10 costs and disbursements to appellant, on grounds stated in Kilmer v. Evening Herald Co. (decided at this term) 75 N. Y. Supp. 243.  