
    JOHNT, Respondent, v. STONE, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 19, 1913.)
    Action by Catherine C. Johnt against Sarah 0. Stone.
   PER CURIAM.

Judgment and order reversed, with costs. Held, that a verdict should not have been directed for the plaintiff;' that, at best, the case made by the plaintiff was for the jury. A new trial should not be granted, for the reason that the order denying defendant’s motion to dismiss the complaint for unreasonable delay in prosecuting the action should be reversed, and the complaint dismissed. See, also, 144 N. Y. Supp. 1122.  