Majority
p. 897Brooklyn Mason Contracting Company, Respondent, v. Max Berger, Appellant, and Another, Defendant.
Headnote
Motion to resettle order granted, without costs; the order of resettlement to provide, however, that respond
p. 898
ent consent that the appellant may withdraw his appeal to the Court of Appeals, if so advised, without costs.
Present—Hirschberg, Burr, Thomas, Carr and Woodward, JJ. Order to be settled before Mr. Justice Burr.