Majority
p. 865Flatbush Pontiac Incorporated, Respondent, v. Herman Speth, Doing Business as Flatbush Pontiac Service Station, Appellant.
In an action to restrain the use of a trade name and for other relief, order conditionally granting defendant’s motion to dismiss the complaint for failure to prosecute the action affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.