Majority
p. 901Angela E. Moloney, Respondent, v. John J. Schwartz, Appellant.
Order modified by striking out the provision “ that the cause maintain its position on the trial calendar for the February Term, 1919,” on the ground that it was beyond the court’s power and imposed a penalty upon the defendant for a favor granted to the plaintiff (Bertman v. Neisner, 177 App. Div. 442 , 443), and as so modified affirmed, without costs. Jenks, P. J., Rich, Putnam, Blaekmar and Jaycox, JJ., concurred.-