
    BERNSTEIN, Respondent, v. BAUMANN, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    January 21, 1910.)
    Action by Daniel Bernstein, by Henry S. Good-speed, his guardian ad litem, against Samuel Baumann.
   PER CURIAM.

Order denying motion to dismiss reversed, with $10 costs and disbursements, upon the ground that statements in defendant’s affidavit, uncontroverted or unexplained, show that plaintiff was guilty of unreasonable delay and neglect to proceed with the action, and motion granted, with $10 costs.  