In re City of New York

The order is reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, on the authority of Carlisle v. Barnes, No. 1 (102 App. Div. 573; appeal dismissed, 183 N. Y. 567) and Ransom v. Cutting (112 App. Div. 150; affd., 188 N. Y. 447). Present— Clarke, P. J., McLaughlin, Scott, Smith and Page, JJ.; McLaughlin and Smith, JJ., dissented.

I dissent on the authority of McCoy v. Gas Engine & Power Co. (152 App. Div. 642; affd., 208 N. Y. 631). The attorney agreed, in effect, that he would pay the respondent’s fees and other disbursements. Smith, J., concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.