Order, so far as appealed from, affirmed, with twenty dollars costs and disbursements. *850on the ground that under the unusual circumstances herein it cannot be said that the Special Term improperly exercised its discretion. Present — Martin, P. J., O’Malley, Untermyer, Dore and Cohn, JJ.; O’Malley and Dore, JJ., dissent and vote for reversal on the authority of Singer v. New York Times Co. (74 App. Div. 380); Kuster v. New York Times Co. (79 id. 39).
