Bauer v. Parker — 122 A.D. 42

Majority

p. 42

Louis Bauer, Respondent, v. Henrietta M. Parker, as Executrix, etc., of John L. Macaulay, Deceased, Defendant, Impleaded with Charles J. Townsend and Others, as Executors, etc., of Octavius D. Baldwin, Deceased, Appellants.

First Department,

November 22, 1907.

Headnote

See head note in Baxter v. Hart (ante, p. 41).

Appeal, by the defendants, Charles-J. Townsend-and others, as executors, etc., from'an order of the' Supreme' Court, made at the Hew York Special Term and entered in the office- of .the clerk, of the county of HeW York on the 16tli day of September, 1907,.

p. 43

denying the said defendants’ motion to dismiss the complaint herein as to them because of the failure of the plaintiff to prosecute.

James C. Foley, for the appellants.

H. V. Rutherford, for the respondent.

The order appealed from is affirmed, with ten dollars costs and disbursements, for the reasons stated on the appeal in this action by the defendant George S. Hart et al. ( 122 App. Div. 41 ).

Present — Patterson, P. J., Ingraham, McLaughlin, Houghton and Scott, JJ.

Order affirmed, with ten dollars costs and disbursements.