Order of Appellate Division modified so as to strike therefrom the judgment of affirmance on the appeal of plaintiff and also the provision for the recovery of costs *629 of appeal" against defendant; and defendant having been permitted to withdraw his appeal from so much of the order as directed a new trial, the appeal from that portion of the order of the Appellate Division is dismissed, without costs of this appeal to either party; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ.