
    APTHORP, Respondent, v. THURSTON, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 12, 1913.)
    Action by Richard Apthorp, as administrator, etc., against Alfred J. Thurston, as administrator, etc.
   PER CURIAM.

Order modified, so as to provide that as a condition of the amendment the plaintiff pay to defendant all costs of" the action accruing subsequent to notice of trial, including the costs on the former appeal to this court, and, as so modified, affirmed, with $10 costs and disbursements of this appeal to appellant. See, also, 153 App. Div. 572, 936, 138 N. Y. Supp. 41, 1106.  