
    William J. Heffernan, Respondent, v. John H. Hanley and Others, Defendants, Impleaded with John Flanigan, Appellant.
   In view of the ability of the appellant to bring the action to prompt trial, and his inability to use the premises for some months, this court, without passing upon the merits of the controversy, will not disturb the decision of the Special Term. Orders affirmed, with ten dollars costs and disbursements. Thomas, Stapleton, Rich and Putnam, JJ., concurred; Jenks, P, J.Jnot voting.  