By a prior order, the action had been dismissed for plaintiff's failure to proceed to trial; a judgment was thereafter entered thereon. Order affirmed, with one bill of $10 costs and disbursements to respondents. No opinion.
Christ and Hopkins, JJ., concur for affirmance, but vote further to grant leave to plaintiff to move to vacate the judgment, with the following memorandum:
Trial Term did not decide the merits of the application to restore the action to...
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