Majority
p. 844Guido Flaim, Respondent, v. Lehigh Valley Railroad Company, Appellant.
Order affirmed, with ten dollars costs and disbursements. The order granted at Special Term was, in effect, the opening of a default occurring on a trial where the plaintiff’s attorney was taken ill during the course of the trial; and a motion for adjournment was denied and the complaint dismissed before the plaintiff had rested. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.