
    GIDEON, Appellant, v. DWYER, Respondent.
    (Supreme Court, Appellate Division, First Department.
    June, 1896.)
    Action by David Gideon against Philip J. Dwyer.
   PER CURIAM.

The court, having control over its own judgments, decided that, in furtherance of justice, this ease should be heard on the merits (40 N. Y. Supp. 1053); there being an excuse presented, and a defense alleged to exist. No abuse of discretion is shown, and the terms imposed are more than an indemnity to the plaintiff for the expenses to which he has been put, and the delay he has suffered. The •order should be affirmed, with $10 costs and ■disbursements.  