
    M. PEREZ CO., Appellant, v. APFEL et al., Respondents.
    (Supreme Court, Appellate Division, First Department.
    December 22, 1905.)
    Appeal from Special Term, New York County. Action by the M. Perez Company against Nathan Apfel and another. From an ■order denying a motion for the appointment of •a receiver, plaintiff appeals.
    Conditionally affirmed.
    J. J. Cunningham, for appellant.
    R. M. Newman, for respondents.
   PEÉ CURlAM.

Upon condition that the defendant give an undertaking, with two sureties, to pay any judgment that the plaintiff may recover against him, the order appealed from, denying a motion for the appointment of a receiver and for an injunction, should be affirmed, without costs. If he should refuse or neglect, within 10 days after service of a copy of the order to be entered hereon, to give such undertaking, the order appealed from will be reversed, with $10 costs and-disbursements, and the motion granted, with $10 costs.  