Graziadei v. White Co.

Order modified and as modified affirmed, with ten dollars costs and disbursements. Memorandum: Under the facts presented by appellant, unexplained and unrefuted by respondent, the imposing of the condition contained in the order was unauthorized. All concur. (The order denies motion for dismissal of complaint for failure to prosecute an action for damages sustained by reason of fraud in the purchase of a truck.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.