Majority
p. 928Frances McKernan, as Limited Administratrix of the Estate of Matthew McKernan, Deceased, Respondent, v. New York Central Railroad Company, Appellant.
In an action to recover damages for the alleged wrongful death, of plaintiff’s intestate, order conditionally denying defendant’s motion to dismiss the complaint because of lack of prosecution affirmed, with $10 costs and" disbursements. No opinion. Lewis, P. J., Carswell, Adel and Aldrich, JJ., concur; Nolan, J., not voting.