Majority
p. 866Rebecca G. Bowen, Respondent, v. Paul A. Horgan, as Residuary Legatee under the Last Will and Testament of Alphonsus L. Poole, Deceased, Substituted in Place and Stead of Alphonsus L. Poole, and Others, Defendants, Impleaded with Dina K. Poole, Respondent, and Samuel Goldinger and Philip Kanter, Assignees of Purchaser, Appellants.
Order denying motion to direct the referee to complete the terms of sale, dated May 9, 1929, upon the assignees complying with the terms thereof, affirmed, with ten dollars costs and disbursements. The laches of the Trachson Building Corporation and its assignees, the appellants, in completing the purchase relieves the referee from the duty of complying with the original terms of sale. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.