
    CROTTY v. DE DION-BOUTON MOTORETTE CO.
    (Supreme Court, Appellate Division, Second Department.
    June 23, 1905.)
    Action by Holton M. Grotty against De DionBouton Motorette Company. In the matter of the application of Jessie E. Crotty.
   PER CURIAM.

Although the fact does not appear upon the record, it was conceded upon the argument by counsel that the judgment recovered by the plaintiff had been paid before the motion was made for a substitution. In view of this fact and the laches of the appellant, we think the order should be affirmed. Order affirmed, with $10 costs and disbursements.  