Majority
p. 884Patrick Langan, Inc., Respondent, v. Frank L. Gibson, Doing Business as Gibson Transportation Co., Appellant.
Order denying defendant’s motion to dismiss the complaint for failure to prosecute on condition that the case be noticed for trial at the next available term of court, unanimously affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Untermyer and Cohn, JJ.