
    GOLDEN v. CITY OF NEW YORK.
    (Supreme Court, Appellate Division, First Department.
    May 23, 1913.)
    Appeal from Special Term, New York County. Action by John Golden against the City of New York. From an order granting plaintiff’s motion to restore the action to the trial calendar upon conditions, plaintiff appeals. Modified and affirmed. W. H. Griffin, of New York City, for appellant. O. L. Barber, of New York City, for respondent.
   PER CURIAM.

The order appealed from is modified, by striking out the condition which requires the plaintiff to stipulate not to offer proof of his deafness as the result of his injury. In thus disposing of this appeal, we do not intend to intimate any opinion as to whether the evidence of the deafness of the plaintiff, under the pleadings as they stand, is competent, leaving that to be determined on the trial. As modified, the order is affirmed, without costs.  