
    (33 App. Div. 639.)
    WRIGHT v. PELL.
    (Supreme Court, Appellate Division, First Department.
    October 14, 1898.)
    Special Terms—Motions—Renewal.
    Where a justice of a special term has denied a motion, with leave to renew within 10 days, another justice will not allow the motion after the 10 days have elapsed.
    Appeal from special term.
    Action by George M. Wright, as assignee, against Alice B. Pell. From an order denying a motion by defendant, defendant appeals.
    Affirmed.
    The following is the opinion of the court'below (PRYOR, J.):
    A similar motion, before Mr. Justice Kellogg, was denied, with leave to renew within 10 days. The 10 days have elapsed, and I am of opinion that I am concluded by the former adjudication. Undoubtedly, the court considered that the interest of justice required the motion to be made within the designated period. I am not willing to overrule the decision of another justice, nor to disregard a condition imposed by him as a basis of relief. Finelite v. Finelite (Sup.) 16 N. Y. Supp. 287. Motion denied, without costs.
    Argued before VAN BRUNT, P. J., and BARRETT, RUMSEY, PATTERSON, and O’BRIEN, JJ.
    P. A. Hargous, for appellant.
    ■ J. Holmes, Jr., for respondent.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements, on opinion of PRYOR, J.  