Kleinfeld v. K-D Lamp Co.

In an action to recover salesman’s commissions allegedly due him, plaintiff appeals from an order denying his motion for the fixation of a date for defendant's examination before trial, and for other relief. Order affirmed, with $10 costs and disbursements. There was no abuse of discretion by the Special Term in denying the motion as, upon the papers submitted, plaintiff was guilty of gross neglect and laches in the prosecution of his action. We are advised that after *794the instant order was made, plaintiff’s motion to restore the cause to the calendar for trial was granted and defendant’s…