
    John S. Wise and Henry A. Wise, Respondents, v. Pauline Cohen, Appellant, Impleaded with Adolph Cohen and Others.
    (No. 2.)
    
    First Department,
    June 15, 1906.
    Appeal by the defendant, Pauline Cohen, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of April, 1906.
    
      Edward W. S. Johnston, for the appellant.
    
      Evan Shelby, for the respondents.
    
      
      See Wise v. Cohen, No. 1 (ante, p. 859).
    
   Ingraham, J.:

This is an appeal from an order of the Special Term requiring the defendants to prepare a judgment roll and enter judgment signed by the trial justice, and. in the event of their failure to prepare such judgment roll and enter judgment within three days after service of said order, plaintiffs are given leave to prepare the judgment roll and enter judgment thereon.

The facts are stated in an opinion in another appeal in the same action, decided herewith (Wise. v. Cohen, No. 1, 113 App. Div. 859), and for the reasons there stated the order appealed from must be reversed and the motion denied, with ten dollars costs, without disbursements. .

O’Brien, P. J., Patterson and Clarke, JJ., concurred; Laughlin, J., dissented as to costs.

Laughlin, J. (dissenting):'

I dissent in- so far as costs and disbursements are not allowed to the appellant.

Order reversed and motion denied, with-ten dollars costs, without disbursements. Order filed.  