
    Mike Schultz, Respondent, v. The Barber Asphalt Paving Company, Appellant (Action No. 3).
   Order of the County Court of Queens county reversed, with ten dollars costs and disbursements, and .motion to dismiss complaint for failure to prosecute granted, with costs, on the authority of Regan v. Milliken Bros. (123 App. Div. 72). Hirschberg, P. J., Rich and Carr, JJ., concurred, Woodward and Thomas, JJ., dissented.  