Majority
p. 956Joseph Fogarty, Respondent, v. New York Dock Company, Appellant.
Order affirmed, with ten dollars costs and disbursements, which maybe set off against the former judgment, upon the ground that the defendant by participating in the progress of this action has waived its right to the stay. Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred.