Eva K. Conlon, Respondent, v. James H. Marsh, Appellant, Impleaded with Others.
Appeal from an order of the Supreme Court, entered on the 22d day of March, 1916, granting the plaintiff’s motion to set the case down peremptorily for trial.
[MAJORITY — Per Curiam:]
Per Curiam:
No notice of trial having been served on the defendant Marsh by the plaintiff, and no new note of issue filed as to him, the order appealed from should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present — Clarke, P. J., Laughlin, Dowling, Page and Davis, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.