Majority
p. 729Theodore S. Zegers, Respondent, v. Charles P. Lockwood, Individually and as Sole Surviving Executor, etc., of Augusta Lockwood, Deceased, and Others, Appellants, Impleaded with Herbert Lockwood and Others, Respondents.
Order reversed upon the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. This decision is made in the exercise of our discretion, and not in acceptance of the averments of the moving affidavits as to the conduct of the attorney. Blackmar, P. J., Kelly, Jaycox, Manning and Young, JJ., concur.