Opinion
June, 1905.
Although the fact does not appear upon the record, it was conceded upon the argument by counsel that the judgment recovered by the plaintiff had been paid before the motion was made for a substitution. In view of this fact and the laches of the appellant, we think the order should be affirmed. Order affirmed, with ten dollars costs and disbursements. Hirschberg, P.J., Bartlett, Jenks and Miller, JJ., concurred.