Opinion
April, 1916.
Present — Clarke, P.J., Laughlin, Dowling, Page and Davis, JJ.
No notice of trial having been served on the defendant Marsh by the plaintiff, and no new note of issue filed as to him, the order appealed from should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.