O’BRIEN v. REICHARDT.
(Supreme Court, Appellate Division, First Department.
October 28, 1910.)
Appeal from Special Term, New York County. Action by Anne O’Brien against Louis Reiehardt. From an order denying a motion to dismiss the complaint, defendant appeals. Reversed, and motion granted.
L. Cohn, for appellant. B. Jaffe, for respondent.
[MAJORITY — PER CURIAM.]
PER CURIAM.
The alleged excuse presented by the plaintiff was entirely insufficient, and the court was not justified in refusing to grant the motion. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.