Majority
p. 805Harry W. Dupper, Respondent, v. John Rogan, Appellant.
Order denying defendant’s motion to dismiss the complaint for lack of prosecution, upon condition that plaintiff file a note of issue and place the case on the calendar for the February, 1936, term for trial, affirmed, without costs. Lazansky, P. J., Young, Davis, Johnston and Adel, JJ., concur.