Majority
p. 697Anna Morgenbesser, Respondent, v. Al Tartasky and Others, Defendants, and Fannie Kupshinsky, Appellant.
Order granting appellant’s motion to reopen hearings modified by striking out the conditions imposed, and as so modified affirmed, with ten dollars costs and disbursements to appellant. As the inability of appellant to procure the testimony in question was not the result of any fault on her part, the Special Term improperly imposed conditions upon granting the motion. Lazansky, P. J., Young, Carswell, Tompkins and Davis, JJ., concur.