
    Morris Rodin, Respondent, v. Henry Wagner, Appellant.
   Order of the County Court of Nassau county denying the defendant’s motion to dismiss for lack of prosecution reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Plaintiff has not explained the neglect to prosecute this action, and the discretion of the county judge was improperly exercised. Carswell, Davis, Johnston, Adel and Close, JJ., concur.  