Majority
p. 852Jacob Olitsky and Others, Respondents, v. Benjamin Heller and Nathan Rubin, Appellants.
Order in so far as appealed from, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted unconditionally, with ten dollars costs. In our opinion there was an abuse of discretion by the Special Term in refusing to dismiss the complaint unconditionally for lack of prosecution. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.