Majority
p. 878BAUER v. PARKER et al. (Supreme Court, Appellate Division, First Department. November 22, 1907.) Argued before PATTERSON, P. J„ and INGRAHAM, Mc-LAUGHLIN, HOUGHTON, and SCOTT, JJ.
Headnote
Appeal from Special Term.Action by Louis Bauer against Henrietta M. Parker, as executrix of John L. Macaulay, impleaded with others. From an order denying a motion to dismiss the complaint for failure to prosecute, defendants appeal. Affirmed.-
James C. Foley, for appellants.
H. V. Rutherford, for respondent.
The order appealed from is affirmed, with $10 costs and disbursements, for the reasons stated on the appeal in this action bv the defendants George S. Hart and others. 106 N. Y. Supp. 877 .