
    BINI, Appellant, v. SMITH, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    June 13, 1899.)
    Action by Tito Bini against John Smith.
   PER CURIAM.

Motion granted, ■ upon payment by the plaintiff, within 10 days, of. $10 costs of the application, and the disbursements that the defendant may have made in the prosecution of his appeal to the court of appeals, and also the execution and delivery to the defendant of a stipulation that he' may, at his election, withdraw his appeal to the court of appeals, without costs. For failure to comply with these conditions, application denied. See 57 N. Y. Supp. 1134.  