
    Joseph C. Gessner and Another, Respondents, v. The City of New York, Appellant.
   Order, in so far as an appeal is taken therefrom, modified by striking out the condition therein contained, and as so modified affirmed, with ten dollars costs and disbursements to appellant. The defendant was entitled to an unconditional denial of the motion. Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ., concur.  