
    BERNSTEIN, Respondent, v. BAUMANN, Appellant.
    (Supreme Court Appellate Division. Second Department.
    March 18, 1910.)
    Action by Hyman Bernstein against Samuel Baumann.
   PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion to dismiss •the action for failure to prosecute granted, with costs, on the ground that the excuse offered by plaintiff for a delay of nearly five years in bringing the case to trial is insufficient.

JENKS and RICH, JJ., dissent.  