
    Edward Gibbons, as Administrator of the Estate of William Gibbons, Deceased, Appellant, v. City of New York, Respondent.
    Argued May 23, 1946;
    decided June 14, 1946.
    
      
      Adolph S. Ziegler and Irving G. Rosenhrantz for appellant.
    
      John J. Bennett, Corporation Counsel (Seymour B. Quel of counsel), for respondent.
   Judgments modified so as to provide that plaintiff, may have ten days in which to serve an amended complaint, and as so modified, affirmed with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond and Fuld, JJ. Taking no part: Thacher and Dye, JJ.  