
    ARRIGO, Respondent, v. ERIE R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 24, 1913.)
    Action by Thomas Arrigo against the Erie Railroad Company.
   PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion denied, without costs, with a holding that no merits are shown in the motion papers, and that plaintiff’s laches is not excused, with.leave to renew at Special Term, if so advised.

ROBSON and LAMBERT, JJ.,

dissent, and vote" for reversal unconditionally.  