Majority
p. 625Benjamin Kramer, Respondent, v. William S. Hofstatter, Appellant.
Order modified, so as to impose as a condition for granting a new trial, that the plaintiff within twenty days pay to the defendant the trial fee and disbursements of the trial to be taxed, and as modified affirmed, without costs of this appeal to either party. All concurred. (See Bailey v. Park, 5 Hun, 41 .)