
    CITY OF NEW YORK, Respondent, v. FOWLER, Appellant.
    (Supreme Court, Appellate Division, First Department.
    February 5, 1909.)
   Action by the city of New York against Frederick P. Fowler. H. L. Brant, for appellant. T. Connoly, for respondent. No opinion. Order modified, by requiring as a condition of discontinuance the payment of all costs in the action to be taxed, and, as modified, affirmed, with $10 cos.ts and disbursements to appellant. Settle order on notice.  