Opinion
October 28, 1965
Appeal from the Erie Special Term.
Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.
Order entered March 16, 1965, and order entered March 22, 1965, insofar as appealed from, unanimously reversed, without costs of these appeals to any party and motion granted, without costs. Memorandum: It was an improvident exercise of discretion for Special Term to deny the motion upon the ground of laches. We pass on no other question.