
    ROBINSON v. NEW YORK LIFE INS. & TRUST CO. et al.
    (Supreme Court, Appellate Division, First Department.
    March 31, 1911.)
    Appeal from Special Term, New York County. Action by Henry De G. Robinson against the New York Life Insurance & Trust Company, in which Thomas H. Robinson and another intervene. From portions of an order permitting interveners to become parties ■ defendant, upon condition, plaintiff and interveners appeal. Modified and affirmed.
    George F. Canfield, for appellants Thomas H. and Charles L. F. Robinson. James A. Gray, for appellant
    H. De G. Robinson. Joseph K. Savage, for respondent.
   PER CURIAM.

The order should be modified, by striking out the third clause thereof, providing for the final costs of the action, and, as so modified, affirmed, with $10 costs and disbursements in favor of Thomas H. Robinson and Charles L. F. Robinson against the plaintiff.

SCOTT, J.,

dissents, and votes for reversal on plaintiff’s appeal.  