
    MARLO, Respondent, v. MORNING TELEGRAPH CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    June 11, 1915.)
    Action by George M. Blarlo against the Morning Telegraph Company.
    B. Patterson, of New York City, for appellant.
    F. H. Rees, of New York City, for respondent.
   PER CURIAM.

Order modified, by allowing plaintiff to discontinue on payment of costs in the action, to be taxed, within ten days after the same are taxed. If such costs are not so paid, the motion to discontinue is denied, with $10 costs and disbursements to defendant. Settle order on notice.  