Opinion
January, 1910.
Order denying motion to dismiss reversed, with ten dollars costs and disbursements, upon the ground that statements in defendant's affidavit, uncontroverted or unexplained, show that plaintiff was guilty of unreasonable delay and neglect to proceed with the action, and motion granted, with ten dollars costs. Hirschberg, P.J., Jenks, Burr, Thomas and Carr, JJ., concurred.